Omissions DoC Flashcards
Stovin v Wise [1996]
Distinction between misfeasance and non-feasance
NO LIABILITY FOR FAILING TO MAKE THINGS BETTER.
Highway authority omitted to sort out visibility problem that had been made aware to them due to 2 previous accidents.
Had discretionary power under statute to remove such visibility obstacles.
C - car crash.
NOT LIABLE - NO LIABILITY FOR OMITTING TO MAKE THINGS BETTER. - NON-FEASANCE/
Capital & Counties Plc v Hampshire CC [1997]
FIRE BRIGADE HAVE NO COMMON LAW DUTY OF CARE TO PUT PUT FIRES OR TO EVEN ANSWER A CALL.
High degree of protection to fire brigade.
By merely attending the scene of a fire - not sufficiently proximate relationship.
Statue conferring power on fire brigade to perform their duties DOES NOT CONFER A PRIVATE ACTION ON A MEMBER OF PUBLIC FOR FIRE BRIGADE’S FAILURE TO FULFIL DUTIES.
+ Not just, fair and reasonable to establish DoC - common law duty shouldn’t impose statutory framework - would hinder/discourage performance of duties.
But - if FB create the danger by their negligence - then not immune.
OLL v Secretary of State for Transport [1997]
Coastguard owe no DoC to people they are trying to rescue.
Capital & Counties Plc applied to coastguard.
Alexandrou v Oxford [1993]
POLICE owe NO DoC to people to prevent loss being caused to them by another person.
In case- police failed to properly investigate when burglar alarms were activated at a shop in the course of a robbery.
NO DoC unless special relationship.
Kent v Griffiths [2000]
AMBULANCE SERVICE DOES OWE COMMON LAW DOC ALONGSIDE STATUTORY POWERS.
Capital & Counties, OLL, and Alexandrou did not apply to ambulance services.
As soon as they have picked up phone and taken details - D of C
UNDERTAKING RESPONSIBILITY FOR THE CLAIMANT’S WELFARE.
Justified on basis that ambulance services is akin to medical profession - protection of individuals.
Whereas fire brigade and police - protection of public at large.
Haynes v Harwood [1935]
D of C / liability for omissions when D creates the source of danger.
Horses escape due to D’s omission to lock gate - foreseeable that a rescuer, e.g. policeman, would try to stop horses from injuring members of the general public.
Example of D of C for omissions when D creates the danger and that danger invites rescue.
Baker v Hopkins reinforces.
Carmarthenshire CC v Lewis [1955]
4 year old boy attended nursery managed by council - strayed from premises on to public highway - lorry driver - avoided child - died.
Issue: council vicariously liable for teacher’s omission to care for child>
YES
EASE OF CHILD’S EXIT - GATE LEFT OPEN
Teacher not negligent but council were.
Example of DoC for omissions when the D occupies an office or position of responsibility.
Watson v BBBC [2001]
Boxing case - liability (DoC) for omissions when there is an ASSUMPTION OF RESPONSIBILITY FOR THE CLAIMANT’S WELFARE.
Held; that boxing board assumed responsibility for all immediate medical care requirements and to restrict injuries as much as possible and safeguard boxers.
= Relationship of sufficient proximity.
W (claimant) - member of boxing club = member of DETERMINATE CLASS.
RELIANCE.
