Omissions Flashcards
What is an omission?
Where the Law gives a person a legal duty to act, but they fail to do so.
Reasons the Law would give someone a legal duty to act?
1). Contractual duty
2). Special relationship
3). Voluntary assumption of a duty
4). Creating a dangerous situation
What is a contractual duty?
Your job e.g a lifeguard would have to save somebody drowning in their pool
A case for contractual duty?
Pitwood failed to close crossing gate
What is a special relationship?
One where it is your duty to protect the other person e.g. parent and child
A case for special relationship?
Gibbons & Proctor, a father failed to prevent daughter from being starved
What is a voluntary assumption of a duty?
Where you take on the role of somebody in a special relationship e.g. becoming a step-parent
A case for voluntary assumption?
Gibbons & Proctor, father’s partner failed to feed child
What is creating a dangerous situation?
You create a situation (accidentally) that puts others at risk, so it is your duty to save them now
A case for a dangerous situation?
Miller, homeless man set fire to mattress by leaving a cigarette lit while he slept. This caused a fire so he simply moved to a different mattress
What is a statutory duty to act?
A duty to act based on an Act of Parliament.
An example of a statutory duty?
Road Traffic Act 1988, you are under a duty to provide breath when being breathalysed.
