2.Examples Where An Omission Is In Fact An Act Flashcards
1
Q
How?
A
Some omissions may be a part of a ‘causative action’
2
Q
Mitchel v Glasgow CC
A
A driver who takes to the road is liable for the things that he does, as well as the thing he fails to do. A failure to keep a proper look out or to indicate when proposing a changed direction is an omission, but it is part of a causative Act because he took the action of propelling his car in a particular way
3
Q
Surgeon example
A
If a surgeon performs an operation and fails to do something properly, e.g. remove surgical equipment, treated as a causative action of surgery, one continuous act.
