## Facts

- Pittwood was employed by a railway company as a gatekeeper, responsible for managing a level crossing.
- His contractual duty required keeping the gate closed when trains were approaching to safeguard the public.
- On the incident date, Pittwood opened the gate to let a cart cross but failed to close it afterward, leaving the crossing unsupervised while he took lunch.
- As a result, another horse and cart attempted to cross and were struck by an oncoming train, leading to the death of the cart's driver.
- Pittwood's failure to fulfill his contractual responsibility directly caused the fatal accident.

## Issues

1. Whether a contractual obligation can create a legal duty in criminal law, the breach of which by omission constitutes the actus reus for manslaughter.
2. Whether Pittwood’s omission, arising from a breach of his employment contract, was sufficient in law to ground criminal liability for the resulting death.

## Decision

- The court found that Pittwood’s contractual duty as gatekeeper imposed a legal obligation to act for the safety of the public using the level crossing.
- His omission—failing to close the gate—constituted a breach of this duty and directly caused the victim’s death.
- The court held that such a failure to perform a contractual duty satisfied the actus reus requirement for manslaughter.
- Pittwood was found criminally liable for manslaughter due to his omission in the context of a contractual obligation.

## Legal Principles

- A contractual duty can amount to a legal duty to act in criminal law; omission to perform such a duty may constitute actus reus.
- When a contractual responsibility is directly connected to public safety, its breach can engage criminal as well as civil liability.
- The scope of omission liability includes situations where the duty arises from employment agreements, particularly where failure to act may cause harm to others.
- Not all omissions are criminal—liability arises only where a legal duty to act exists, such as from contract, statute, or specific relationships.

## Conclusion

R v Pittwood established that breach of a contractual duty may form the actus reus for manslaughter where such failure directly causes death, cementing the principle that contractual obligations can found criminal as well as civil liability when public safety is involved.


R v Pittwood [1902] TLR 37