omissions

Question 1

what is an omissions

Answer 1

this is a failure to act

Question 2

what is contractual duty ?

Answer 2

if the defendant has a contractual duty that means that he or she is obligated to act

Question 3

what is the case that supports contractual duty ?

Answer 3

pit wood - D was contracted to shut a gate at a train crossing. the d failed to do this and the v was killed by a train whilst crossing

Question 4

what is voluntary duty ?

Answer 4

this is where you agree with someone to look after someone and failing to do so

Question 5

what is the case of voluntary duty ?

Answer 5

stone and dobinson - the defendants voluntarily agreeded to look after one of the defendants sick sister however they failed to do so and she died due to neglect

Question 6

what is creating a dangerous situation ?

Answer 6

the defendant may have created a chain of events that requires them to then act to mitigate the effects of their act

Question 7

what is the case that support creating a dangerous situation ?

Answer 7

miller - the defendant was asleep and dropped a cigarette onto the mattress
he woke up to a small fire however instead of attempting to put it out or trying to raise the alarm he left