Omissions

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  • Omissions
    • Definition
      • An Omission is a failure to do something. The general rule is that a person is not usually liable for their omissions. In certain circumstances the court may find that a person was under a duty to act.
    • Contractual Responsibility
      • If a defendant is under a contractual duty to act and fails to do so, they may be liable if others are likely to be injured as a result. (Rv Pitwood (1902).
    • Parental Responsibility
      • Parents owe a duty of care to their children.(Rv Gibbins and Proctor (1918).
    • Voluntary Acceptance of Responsibility
      • A duty may also be imposed where someone voluntarily accepts responsibility for another. (Rv Stone and Dobinson (1977).
    • Public Duty
      • Those holding a public office may be held liable for their omissions. (Rv Dytham 1979).
    • Creating a Dangerous Situtation
      • The creator of a risk to another's life or property is under a duty to act in order to stop or at least limit the harm caused. (Rv Miller (1983).
    • Statutory Omissions
      • Duties can also arise through statute. (The Road Traffic Act (1988) makes the failure to wear a seatbelt an offence).

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