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Law Scenario: Tom and Harriet Are Walking Along a Costal Path
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| Submitted: Thu Jul 11 2002
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Law Scenario: Tom and Harriet Are Walking Along a Costal Path TOM AND HARRIET ARE WALKING ALONG A COASTAL PATH... HARRIET IS AWARE TOM HAS A FEAR OF HEIGHTS AND ENCOURAGES HIM TO STAND AT THE EDGE OF THE CLIFF TO OVERCOME HIS FEAR. AS TOM APPROACHES THE EDGE HE BECOMES DIZZY AND SHOUTS TO HARRIET TO PULL HIM BACK. SHE REFUSES. SUDDENLY, HE LOSES HIS BALANCE AND FALLS OVER THE CLIFF TO HIS DEATH. CONSIDER HARRIET'S CRIMINAL LIABILITY, IF ANY, WITH REFERENCE TO:- (a) MURDER (b) MANSLAUGHTER "If when the defendant becomes aware that the consequences have happened as a result of his own act, he does not try to prevent or reduce the risk of damage by his own efforts or, if necessary, by sending for help, he is under a legal obligation to act, failure to carry out that duty amounts to an offence" this was the held per lord Diplock...
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