Week 21: Liability for Harm caused by the Criminal Acts of Third Parties Flashcards
Is a person generally liable in delict for the acts or omissions of a third party?
No, generally a person is not liable for the acts or omissions of a third party.
Is there general liability in delict for omissions?
No, there is generally no liability in delict for omissions.
When can a person be liable for omissions or third-party acts?
A person may be liable if they have assumed responsibility for B or to protect B from danger.
What if someone prevents another from protecting a third party from danger?
Liability may arise if A does something that prevents C from protecting B from danger.
How can control over a danger create liability?
A may be liable if they have a special level of control over the danger that causes harm to B.
Can someone’s status create a duty to protect another from danger?
Yes, for example, if A is B’s employer, A may have a duty to protect B from danger.
What are a constable’s general duties under s20 of the Police and Fire Reform (Scotland) Act 2012?
A constable must (1) prevent and detect crime, (2) maintain order, and (3) protect life and property.
Are the public entitled to police protection?
No, as stated in Hill v Chief Constable of West Yorkshire, the public is not entitled to general police protection unless there is a special or proximate relationship.
What did the court say in Smith v Chief Constable of Sussex (2008)?
The police did not owe a duty of care to an individual despite prior warnings, reinforcing the idea that foreseeability alone is insufficient.
What principle was upheld in Michael v Chief Constable of South Wales (2015)?
The Supreme Court held that police owe no general duty to protect individuals from harm by third parties.
What is the interference principle from Chief Constable of Essex v Transport Arendonk BBA (2020)?
A duty may arise if police action prevents another from protecting the victim.
What did Tindall v Chief Constable of Thames Valley Police (2024) confirm?
The law from Michael and Robinson stands: no general duty of care exists for third-party harm unless police conduct caused the risk.
What was reaffirmed in Chief Constable of Northamptonshire Police v Woodcock (2025)?
There’s no general duty of care for omissions, and foreseeability alone does not create a duty to protect or warn.
When might police be liable under human rights law (Van Colle v Chief Constable of Hertfordshire)?
If they knew or ought to have known of a real and immediate threat to an identifiable individual and failed to act.
What did the court decide in DSD v Commissioner of Police (2018)?
Breaches of Article 3 rights (e.g. failure to investigate serious crimes properly) can lead to police liability under the Human Rights Act.
What was the issue in Rathband v Chief Constable of Northumbria Constabulary (2016)?
The court held that the police did not owe their officer a duty of care after he was attacked, despite his employment status.
Do prisons create duties like those in Dorset Yacht Co v Home Office (1970)?
Yes, the state may be liable when it has control over dangerous individuals, such as prisoners.
Can the state be liable in prison-related cases?
Yes, as seen in Thomson v Scottish Ministers (2013) and Kaizer v Scottish Ministers (2017), where prisoner welfare was at stake.
What duty arises in employment cases like Collins v First Quench Retailing Ltd (2003)?
Employers may owe a duty of care to employees, especially where risks of harm are foreseeable.
What did Maloco v Littlewoods Organisation Ltd (1987) establish about premises liability?
Owners are not generally liable for third-party acts (like arson) unless there was knowledge of the risk and failure to act.
