- Duty of Care- Omissions
- Where a duty of care exists,because person concerned has chosen to undertake a certain activity E.g. Drive a car
- Duty is then a duty not to cause harm to others. Consumer of ginger beer, undertaking that activity.
- Person carrying out the activity will be liable for both his acts (mixing in dangerous ingredients). His omissions (check the bottling process for snails)
- Negligence doesn't impose a duty of care whereby a person is under a duty to look out for everyone around him and prevent harm coming to them. If a person fails to act there is no liability for this omission.
- E.g. Ancell V Mcdernott (1993). Claimant was killed in road accident caused by an oil spillage on the road, of which the police where were aware. No Liability. The police owed no general duty of care to warn motorists. Exception to this rule is where there is some exsisting relationship between the claimant and the victim so that the defendant does owe a general duty to prevent harm.
- Failure to Act, defendant is not normally liable for failing to act to protect others unless there is an exsisting relationship between the two.