| 词条 | Minister of Police v Ewels |
| 释义 |
Minister of Police v Ewels, is an important case in both the South African law of delict and, to a lesser extent, South African criminal law. It expresses a general rule: An omission is to be regarded as unlawful conduct when the circumstances of the case are of such a nature not only that the omission incites moral indignation, but also that the legal convictions of the community demand that it be regarded as unlawful and that the damage suffered be made good by the person who neglected to perform a positive act. In order to make a determination as to whether or not there is unlawfulness, therefore, the question is not whether there was the usual "negligence" of the bonus paterfamilias; the question is whether, regard being had to all the facts, there was a duty in law to act reasonably.
In casu, a citizen was assaulted in a police station by an off-duty officer in the presence of other officers. It was held by the court, on the facts of this case, that a policeman on duty, if he witnesses an assault, has a duty to come to the assistance of the person being assaulted. The failure of the police to do so made the Minister of Police liable for damages. See also
References
Notes{{SouthAfrica-case-law-stub}} 4 : 1975 in South African law|1975 in case law|South African criminal case law|Appellate Division (South Africa) cases |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。