Omission

Question 1

Omission

Answer 1

Failure to act

Question 2

Sufficiency of omission - the duty to act

Answer 2

• a statutory duty
• a contractual duty
• a duty because of a relationship
• a duty which had been taken on voluntarily
• a duty through one’s official position
• a duty which arises because the defendant has set in motion a chain of events

Question 3

Cases of omission

Answer 3

Santa Bermudez - battery via omission
Miller - battery via omission
Stone and Dobinson - omission (duty because of a relationship, duty taken on voluntarily)
Pittwood - omission (a contractual duty )

Question 4

The Good Samaritan law

Answer 4

• Law in France
• People are responsible for helping others in an emergency situation

Question 5

The Good Samaritan law - problems

Answer 5

• people can get injured or make a situation worse whilst helping
• people can accidentally become victims if bad people pretend to be in emergency situations

Question 6

Exception of omission

Answer 6

If the discontentment of medical treatment is in the best interest of the patient, then it is not omission which can form the actus reus.

Question 7

Exception of omission - case

Answer 7

Bland - the victim’s best interest