10 Questions
In Minister van Polisie v Ewels, what was the duty of the policeman who witnessed an unlawful assault?
To come to the assistance of the person being assaulted
What was X's legal duty in the case of Gaba 1981?
To reveal his knowledge to his fellow investigation team members
What is an example of a legal duty arising from an order of court?
A parent's duty to pay child support
What is a consequence of omitting to pay maintenance ordered by a court?
Criminal liability
What is an example of a statutory obligation?
A doctor's duty to report a crime
In what case was it held that a policeman who witnesses an unlawful assault has a duty to intervene?
Minister van Polisie v Ewels
What is a circumstance under which a legal duty to act positively may arise?
When one person has a community expectation to act
What is an example of a legal duty that arises from a special relationship?
A parent's duty to support their child
What is the basis of the legal duty in Gaba 1981?
X's position as a member of the investigation team
What is a consequence of failing to fulfill a legal duty to act positively?
Criminal liability
Study Notes
Legal Duty to Act Positively
- A legal duty to act positively arises when the legal convictions of the community require a person to act positively.
- A moral duty is not the same as a legal duty, and a person can only be held criminally liable for an omission if they have a legal duty to act.
Specific Instances of Legal Duty
- Where a person has accepted responsibility for the control of a dangerous or potentially dangerous object, they have a duty to control it properly. (Example: Pitwood (1902) 19 TLR 37)
- Where a person stands in a protective relationship to somebody else, they have a duty to care for and protect that person. (Example: B 1994 (2) SACR 237 (E))
- Where a person has performed a previous positive act, they may have a duty to act positively to prevent harm. (Example: Omissio per commissionem)
- Where a person is the incumbent of a certain office, they may have a duty to act positively in certain situations. (Example: Minister van Polisie v Ewels 1975 (3) SA 590 (A))
- Where a person has knowledge of a crime and fails to report it, they may have a duty to reveal their knowledge. (Example: Gaba 1981 (3) SA 745 (O))
- Where a person has been ordered by a court to perform a certain action, they have a duty to comply with that order. (Example: Failure to pay maintenance after a divorce)
This quiz covers the concept of legal duty to act positively in criminal law, including the general rule and exceptions. It references the Minister van Polisie v Ewels judgment.
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