omissions

Question 1

definition

Answer 1

this is where someone fails to act and it results in liability.

Question 2

contractual duties

Answer 2

where you have a contract to do a duty e.g doctors.
case- adomako- failed to do his checks as an anesthetist.

Question 3

public duties

Answer 3

emergency services can be lbo of they fail to intervene.
case- dytham- failed to break up a fight as a police officer.

Question 4

acceptance of care

Answer 4

when you fail to care for someone who is living with you.
case- stone and dobinson- didn’t care for their sister who had anorexia

Question 5

duties via relationship

Answer 5

lbo when you stop caring for your child.
case- gibbons and proctor- starved their daughter to death.

Question 6

creation of a danger

Answer 6

if you create a dangerous situation and fail to act you will be lbo.
case- miller- let a cig burn in a house he was squatting in.

Question 7

omissions under statute

Answer 7

some acts of Parliament will make you lbo if they do not act.
case- road traffic act- failure to stop at the scene of an accident.

Question 8

termination of duty

Answer 8

sometimes it is possible to terminate your duty so you are not lbo if you fail to act e.g doctor.

Question 9

good Samaritan rule

Answer 9

not a law in the uk.