Omissions Flashcards
what is an omission?
where someone fails to act and it results in liability.
what are the 6 areas of omission?
- contractual duty
- public duties
- acceptance of care
- duties via relationship
- creation of a danger
- omissions under statute
what does contractual duty mean?
a duty must be given by contract of employment
what case example can be used for ‘contractual duty’?
Adomako - D was an anaesthetist who failed to notice a faulty oxygen tube, resulting in the patients death. Guilty.
what does public duties mean?
emergency services can be liable if they fail to intervene
what case example can be used for ‘public duties’?
Dytham - D was an off duty police officer who witnessed a man be kicked to death by a bouncer on a night out. Guilty.
what does ‘acceptance of care’ mean?
must be a voluntary assumption of care
what case example can be used for ‘acceptance of care’?
Stone and Dobinson - Ds cared for a sister who was physically and mentally unwell. They left her to die with no help. Guilty.
what does ‘creation of a danger’ mean?
if you create a dangerous situation and fail to try diffuse it you will be liable
what case example can be used for ‘creation of a danger’?
Miller - D was a squatter who fell asleep in an abandoned building on a mattress with a lit cigarette in hand. Building set on fire and he did nothing to prevent it. Guilty.
what does ‘omissions under statute’ mean?
some acts of parliament will make you liable if you do not act
which example can be used for ‘omissions under statute’?
Road Traffic Act 1988 - Failure to stop at the scene of an accident
what 2 other relevant issues relate to omissions?
Termination of a duty (e.g a doctor) and The Good Samaritan Rule (must act if you witness a danger, but not under UK law)
what does ‘duties via relationship’ mean?
e.g parent and child
what case example can be used for ‘duties via relationship’?
Gibbins & Proctor - Ds let their 7 year old daughter starve to death. Guilty.
