OMISSIONS Flashcards

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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.

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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

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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.

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