Omissions (AO1) Flashcards
What is omissions AO1 split into?
-Definition
-No liability unless duty of care
-List duty of care situations
-Doctors
-Good Samaritan law
What do you write for Definition of omissions?
-An omission is a failure to act
What do you write for no liability unless duty of care?
-Generally, there is no liability for failing to act unless a duty of care situation
What is the list of duty of care situations simplified?
-Statutory duty
-Contractual duty
-Duty based on official position
- Duty based on relationship
-Duty undertaken voluntarily
-Duty based on creation of a dangerous situation
Explain statutory duty…
Statutory duty is parliament creating a duty to act in certain situations (S6 Road Traffic Act 1998, S1 Children and Young Persons Act 2933)
Explain contractual duty…
Contractual duty is the duty to act under terms of a contract, e.g. an employment contract (Pittwood)
Explain duty based on official position…
Duty based on position is the duty to act due to holding a certain office, e.g. a police officer (Dytham)
Explain duty based on relationships…
Duty based on relationship is the duty to care for another, e.g. usually parent owes duty to their child (Gibbins and Proctor)
Explain Duty undertaken voluntarily…
Duty undertaken voluntarily is a failure to act where you have willingly volunteered to do so (Stone and Dobinson)
Explain Duty based on creation of a dangerous situation…
This is where the D creates a dangerous situations and fails to take steps to rectify it (Miller)
Explain Doctors…
Explain particular position relating to doctors (Bland)
Explain no good samaritan law…
The good Samaritan law makes it a lawful duty to help any stranger in danger, however this law doesn’t exist in England and Wales
Why is the AO2 simple for omissions?
It’s 2 questions, why the D owes a duty of care? How did the D fail to act?
What is the principle of S6 Road Traffic Act 1998?
A person commits an offence if without reasonable excuse, he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section
What is the principle of Dytham?
D was under a public duty to act due to his official position
