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Liability for omissions - Coggle Diagram
Liability for omissions
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R v Smith [1979]
a duty arises in family relationships, such as husband and wife
Where D is in a close special relationship, the law can impose a duty to act.
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D has a duty to act if D voluntarily takes care for another who is vulnerable or unable to care for themselves
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R v Pitwood (1902) - D failed to close a level crossing gate (which was his job). D charged with manslaughter after train hit person, D had a contractual duty to act
R v Dytham [1979]
Policeman charged with misconduct in public office as he failed to stop a man being assaulted, which he had a contractual duty to do
Doctors have a duty to provide medical care for their patients and an omission to discharge their duty can lead to criminal liability
If a patient is being treated against their consent, and is an adult of ordinary mental capacity, it can be an assault
When D creates a dangerous situation, a duty is created where D must take reasonable steps to avert the danger
R v Khan [1998]
D's gave young girl drugs which she took and then died from. Court did not rule out possibility that drug dealers owe a duty of care to their customers