WJEC/Eduqas A Level Law: Book 1 Revision Guide

Chapter 4 Criminal law Activity 4.8 Duty to act Draw lines to match the statements of when a person is under a duty to act with their corresponding explanation. Duty to act situation Explanation Statute If a person chooses to take care of another person who is infirm or incapable of taking care of themselves, they are under a duty to do so without negligence. The case of R v Stone and Dobinson (1977) illustrates this. Defendant has inadvertently created a dangerous situation, becomes aware of it, but fails to take steps to rectify it Certain family relationships result in a duty to act, for example, parent-child and spouses. The case of R v Gibbins and Proctor (1918) demonstrates this point. Contract Individuals may be contracted to act in a particular way and, if they fail to act when under this contractual duty to do so, they may be liable for an offence. The case of R v Pittwood (1902) illustrates this. Duty arising out of a person assuming responsibility for another In the case of Miller (1983) , the defendant was squatting in a flat. He fell asleep but had failed to extinguish his cigarette. When he awoke, he realised the mattress was alight but merely moved to the next room and went back to sleep. His failure to act and call for help caused hundreds of pounds of damage. He was convicted of arson. Duty arising out of a special relationship If an Act requires an action, it is unlawful not to do so. For example, under s6 Road Traffic Act 1988 , failing to provide a breath sample or a specimen for analysis is an offence. 150