Omissions Flashcards

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1
Q

what is an omission

A

a failure to act

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2
Q

what is the main case to help define an omission

A

R v Lowe

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3
Q

how can someone be liable for an omission

A

where the accused is said to owe a victim a duty of care

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4
Q

where may a ducty of care arise

A
statute
contract
common law
special relationship
creation of dangerous situation
voluntary assumption of a duty of care
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5
Q

what statute for doc

A

s170 traffic act

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6
Q

what case for the contract for doc

A

pittwood

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7
Q

what case for the common law for doc

A

dytham

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8
Q

what case for the special relationship for doc

A

gibbin and proctor

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9
Q

what case for the creation of a dangerous situation for doc

A

evans / miller

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10
Q

what case for the voluntary assumption of a duty of care

A

stone and dobison

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11
Q

what about release from a duty of care

A

law is unclear when or if the defendance can be released from a duty of care

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12
Q

what happened in the case of airedale nhs trust v bland

A

treatment could be lawfully withdrawn.

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