Prohibition vs Injunction in Law
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Questions and Answers

What is the key difference between prohibition and injunction?

  • Prohibition is a criminal liability, while injunction is a civil liability.
  • Prohibition prohibits a specific act, while injunction places a legal duty to perform a specific act. (correct)
  • Prohibition places a legal duty to perform a specific act, while injunction prohibits a specific act.
  • Prohibition is a statutory provision, while injunction is a common law provision.
  • What is an omission in the context of law?

  • When X has a special relationship with another person.
  • When X commits a positive act that leads to criminal liability.
  • When X fails to act where there is a legal duty to perform a positive act. (correct)
  • When X has a statutory duty to perform a specific act.
  • In the Mahlangu case, what was Mahlangu's legal duty?

  • To prevent the robbery from taking place.
  • To report the potential robbery to his employer. (correct)
  • To report the potential robbery to the police.
  • To disclose the information to the public.
  • What is one of the ways an omission can arise?

    <p>Due to a special relationship, such as parent and child.</p> Signup and view all the answers

    What is the consequence of not complying with an injunction?

    <p>Criminal liability.</p> Signup and view all the answers

    What is the basis of the legal duty to act in the Williams case?

    <p>The office held by Williams</p> Signup and view all the answers

    In the Kramer case, why was Accused no. 1 (the surgeon) acquitted?

    <p>Because the surgeon was not responsible for the anesthesiologist's actions</p> Signup and view all the answers

    What is the term for a legal duty to act that arises from a specific legal provision?

    <p>Statutory duty</p> Signup and view all the answers

    In the Banda case, why was the defence of obedience rejected by the court?

    <p>Because the orders were manifestly unlawful</p> Signup and view all the answers

    What is an example of a situation where a legal duty to act can arise from a court order?

    <p>A person's duty to pay maintenance to their spouse</p> Signup and view all the answers

    Study Notes

    Difference between Prohibition and Injunction

    • Prohibition is a common law or statutory provision that prohibits a specific positive act, and if committed, it becomes an offence.
    • Injunction is a legal duty to perform a specific act, and failure to do so leads to criminal liability.

    Omissions

    • An omission is when X fails to act where there is a legal duty to perform a positive act.
    • Omissions are only punishable if there is a legal duty to perform a positive act and X fails to act.
    • Omissions can arise from:
      • Special relationship (e.g. parent and child, employer and employee)
      • Statutory duty provided by statutory provision
      • Official duty by virtue of a contract
      • Prior conduct
      • Court order
      • Legal convictions of society (boni mores criteria)

    Mahlangu Case

    • Mahlangu, an employee, failed to disclose information about a potential robbery to his employer, leading to the employer's death.
    • Court held that there was a duty on Mahlangu to report the information by virtue of the special relationship between employer and employee.
    • Mahlangu was found guilty of culpable homicide.

    Statutory Duty

    • A legal duty to act can arise from a statutory provision.

    Official Duty

    • A legal duty to act can arise from the office held, e.g. a police official's duty to report offences.
    • Williams case: Williams, a police official, failed to report offences and was charged as an accomplice.

    Potentially Dangerous Object/Situation

    • Kramer case: A surgeon and anesthesiologist were charged with culpable homicide after a patient died due to the anesthesiologist's mistake.
    • Court held that the surgeon had no duty to check the anesthesiologist's work.

    Prior Conduct

    • Prior conduct can create a legal duty to act, e.g. assuming responsibility for a potentially hazardous situation.

    Specific Offences

    • Banda case: Banda was charged with high treason and argued that he was obeying his superior's orders, but the court rejected this defence.
    • The court held that failing to execute a manifestly unlawful order does not result in criminal liability.

    Court Order

    • A legal duty to act can arise from a court order, and failure to comply can be unlawful.
    • Example: Failure to pay maintenance to a spouse as ordered by the court.

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    Description

    Understand the key differences between prohibition and injunction in law, including their definitions and applications. Learn how they relate to legal duties and criminal liability.

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