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Questions and Answers
What is the key difference between prohibition and injunction?
What is the key difference between prohibition and injunction?
What is an omission in the context of law?
What is an omission in the context of law?
In the Mahlangu case, what was Mahlangu's legal duty?
In the Mahlangu case, what was Mahlangu's legal duty?
What is one of the ways an omission can arise?
What is one of the ways an omission can arise?
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What is the consequence of not complying with an injunction?
What is the consequence of not complying with an injunction?
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What is the basis of the legal duty to act in the Williams case?
What is the basis of the legal duty to act in the Williams case?
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In the Kramer case, why was Accused no. 1 (the surgeon) acquitted?
In the Kramer case, why was Accused no. 1 (the surgeon) acquitted?
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What is the term for a legal duty to act that arises from a specific legal provision?
What is the term for a legal duty to act that arises from a specific legal provision?
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In the Banda case, why was the defence of obedience rejected by the court?
In the Banda case, why was the defence of obedience rejected by the court?
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What is an example of a situation where a legal duty to act can arise from a court order?
What is an example of a situation where a legal duty to act can arise from a court order?
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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.