OMISSIONS Flashcards
1
Q
what is an omission?
A
Where the law gives a person a legal duty to act, but they fail to do so - failure to act.
2
Q
the law gives you a legal duty to act if:
A
•Contractual Duty (your job)
- PITWOOD
•Special Relationship (parent and child)
- GIBBONS&PROCTOR
•Voluntary Assumption of a duty
- GIBBONS&PROCTOR
•Creating a Dangerous Situation
- MILLER
3
Q
what is a statutory duty to act?
A
A duty to act based on an Act of Parliament (e.g. Road Traffic Act 1988). Failure to abide by this law is an offence.