- An omission is a failure to do something, there are several different circumstances that will give rise to a duty to act.
Duty arising from specific relationships - duty between a parent and their child, parents have a duty to look after their children and may be prosecuted if they fail to fulfil their duty this includes adoptive parents. Case: R v Gibbins and Proctor (1918).
Duty arising from a contract - if the defendant is under a contractual obligation to act and fails to do so, he or she may be liable if the lives of others are likely to be endangered as a result. Case: R v Pittwood (1902).
Duty through public office - Emergency Services. Case: R v Dytham (1979).
Voluntary assumption of a duty - A duty where someone voluntarily accepts responsibility for another. Case: R v Stone and Dobinson (1977).
Duty arising from dangerous prior conduct - If someone creates a situation that causes risk to another's life or property. Case: R v Miller (1983).
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