Omissions

Question 1

What is the general rule regarding liability arising from omissions?

Answer 1

There is no duty for ‘pure’ or ‘mere’ omissions.

Question 2

What are the exceptions to the general rule of liability for omissions? Provide a case for each.

Answer 2

1) occupier owes positive duty to protect lawful visitors (???); 2) defendant creates an inherent danger on or near a roadway (Haynes v Harwood); 3) defendant knows, or ought to have known, that a third party has created a hazard on the defendant’s property that could harm claimant’s property (Goldman v Hargrave); 4) defendant assumes responsibility to protect claimant’s property by contract or by some closely proximate relationship (Stansbie v Troman); 5) defendant has a duty to control/supervise/detain third party (Home Office v Dorset Yacht).