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Words: | Submitted: Mon Jun 19 2006
... acting as an officer of justice, whilst as he was in uniform and on duty he stood by and failed to assist a man who was beaten to death by a doorman of a nightclub. His omission to act had contravened his statutory obligation to help, which his profession imposed on him. Where a relationship or assumption of care is present, there is an automatic duty to act, so that if an omission to act results in "legally recognised harm"7, liability may be applied. In Stone and Dobinson [1977], the court of appeal ruled that by assuming duty of care for his sister they were "obliged to summon help or care for the sister when she became infirm"8. Lord Atkin ruled that a sentence of manslaughter should be applied to the fatalistic omission, especially when it was proven that if help had been attained at the time of her last bathing, ...
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