A Level Law Practice Exam

In the case of PITTWOOD, what duty was D found guilty of breaching?

1. Contractual duty to act

2. Legal duty as a public servant

3. Duty to provide medical assistance

4. Family duty to protect

The correct answer is: Contractual duty to act

In the case of Pittwood, the focus is primarily on the breach of a contractual duty. Pittwood was a railway worker who had a specific contractual obligation to close the level crossing gate to prevent accidents. His failure to perform this duty resulted in an accident when a cart was hit by a train, leading to the death of the cart driver. This case illustrates that when someone has a contractual duty, they are legally required to fulfill that obligation, and failure to do so can lead to liability for any resulting harm or loss. Contractual duties are typically defined by the terms of the contract, and in this situation, the responsibilities of Pittwood as an employee included ensuring the safety of the public by managing the level crossing appropriately. The court found him liable because he neglected this duty, demonstrating the principle that parties are bound by their contractual obligations, and a breach can result in legal consequences. This case highlights the importance of understanding the scope of one’s duties under a contract, particularly in roles associated with public safety.