Topic 4: Pure Omissions

Question 1

How can one be liable for omissions? (N v Poole BC)

Answer 1

1) Assumed responsibility to protect victim 2) Done something to prevent another from assuming the responsibility to protect the victim 3) Special control over the source of danger 4) Status creates obligation to protect victim from the danger

Question 2

What is the key case for Assumed responsibility to protect the victim?

Answer 2

Barrett v MOD [1995] (Also Costello AND Swinney) (Army drunk soldiers case)

Question 3

What is the key case for Preventing another from protecting the victim?

Answer 3

Kent v Griffiths [2001] (Ambulance to arrive in 7 mins yet arrived only in 40 mins, prevented C’s husband from driving)

Question 4

What is the key case for Having control over the source of danger?

Answer 4

Yetkin v Mahmood [2010] AND Summer v Colborne [2018] (Also Reeves) (Council’s obligation for shrubbery)

Question 5

What is the key case for Status creating an obligation to protect the victim?

Answer 5

Gower v LV Bromley [1999] (e.g. teachers obligation to students)