Omissions
- Created by: bethany-grant
- Created on: 18-05-16 22:01
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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).
- Definition
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