Law 02 Revision

OMISSIONS In general there is no liability for dampening to act. The law only makes a person liable for his accident to act where he has a affair to act. R v Pittwood (1902) CONTRACTUAL Defendant was employed as a hall porter at a railway crossing. One day he left his post, leaving the gate open which resulted in a fatal accident. Defendant was convicted of manslaughter, based on his failure to union out his contractual duty to close the gate as the train approached. R v Stone and Dobinson (1977) VOLUNTEER Defendants volunteered to case after anorexic sister despite them both having minor levels of intelligence. Sister fell ill and later died because they failed to seek health check exam assistance. Guilty of manslaughter as they had taken on duty of make do by allowing her to live in their spot and knowing that she relied on them. R v Miller (1983) denigrate CONSEQUENCES Defendant caused a fire in a manse he was sit in. when he awoke and realised what was happening he failed to take all action to minimise the harmful do of the fire. Guilty of malefactor damage. R v Dytham (1979) PUBLIC sight Defendant was a police office, he saw a man being attacked and failed to step in to protect the victim. The victim later died and the suspect was convicted of misconduct in a public office. He had a duty to protect the victim.

There is in any case liability where an feign of Parliament requires a person to act. E.g. highway Traffic exploit 1998 it is an offence to fail to provide a specimen of glimmer when required to do so, offence to fail to wear a seatbelt ACTUS REUS The volun tary, deliberate act of the defendant hamm! ock v Baxter (1958) REFLEX pull through IS NOT shrive WILLED - Defendant was behind the wheel when his railroad car collided with another(prenominal); at his trial on a tingle of grievous driving, he claimed he had been overcome by an obscure unwellness and had been unconscious. In this case the court gave examples of situations where a driver of a car would not be driving voluntarily, such...If you wishing to consume a full essay, order it on our website: BestEssayCheap.com

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