Omissions Flashcards
What are OMISSIONS?
A person can be liable for failing to act in certain situations
What is the general rule of OMISSIONS?
Only people who owe a legal duty to act will be responsible.
Name all six established categories
- Contractual Duty
- Professional Duty
- Voluntary Acceptance of Another
- Special Relationship
- Created a dangerous situation
- Statutory Duty
Case for contractual duty
R v Pittwood
Case for professional duty
R v Dytham
Case for voluntary acceptance of another
R v Stone and Dobinson
Case for special relationship
R v Gibbins and Proctor
Case for created a dangerous situation
R v Miller
Case for statutory duty
Road Traffic Act 1988
Explain contractual duty
Duty arises to act due to a contract
Explain professional duty
A person may have job which requires them to protect others
Explain voluntary acceptance of another
A duty to act will arise when a person undertakes a role to care of another
Explain special relationship
Parents owe a duty to protect their children
Explain created a dangerous situation
If a person creates a dangerous situation, they owe a duty to try and fix it
Explain statutory duty
Some statutes make it a criminal offence to not act in certain situations
