Omissions AR

Question 1

What is an omission?

Answer 1

Failure to act

Very rare

Question 2

Is there a general duty to act in the UK?

Answer 2

No

Unlike France who have the Good Samaritan Law

Question 3

When can you face criminal charges for an omission?

Answer 3

If a D is under a legal duty of care

Duty of care can be created by either statute or common law

Question 4

What are the 3 arguments FOR a general duty of care?

Answer 4

1. Encourages a greater sense of responsibility
2. Someone who stands by = as G as a person who administers a lethal injection
3. Can be seen to be immoral e.g. allowing a child to drown

Question 5

What are 4 arguments AGAINST a general duty of care?

Answer 5

1. Too difficult to legislate
2. How far would a person be expected to go?
3. Should criminal law interfere with issues of morality?
4. Imposition on individual liberty

Question 6

What are the 6 circumstances the the law WILL impose a duty to act?

Answer 6

1. Statutory duty
2. Contractual duty
3. Duty imposed by public office
4. Duty because of a relationship between the parties
5. Duty taken on voluntary
6. Duty arising from the creation of a dangerous situation