Ommissions

• There is no liability for an omission in this country as a general rule
• In some countries, such as France, there is a "good Samaritan Law" which enforces ordinary citizens to act
• There will be a duty in the UK in a number of situations
• Statutory duty


  A legal obligation, e.g. the Road Traffic Act 1988 requires providing a specimen of breath if stopped by police, and informing police of an accident
• Duty by relationship


  A duty owed to someone you have a relationship with, e.g. parent to child, partners, siblings
• Duty by relationship


  • Evans case - sister failed to get medical help for younger sister who had a bad reaction to drugs, convicted of gross negligence manslaughter
• Duty created by voluntary responsibility or as a carer


  Accepting responsibility to care for someone, e.g. Stone & Dobinson case - failed to call for medical help for infirm sister, convicted of gross negligence manslaughter
• Contractual duty


  Duty of care owed through employment, e.g. lifeguard to swimmers, doctor to patients, gatekeeper to road users
• Contractual duty


  • Holloway case - electrician left exposed wires, failed to check faulty circuit breaker, family member killed, convicted of gross negligence manslaughter
• Supervening fault


  Failing to put right a chain of events one has started, e.g. R v Miller - tramp discarded cigarette, let fire spread, convicted of arson
• Public duty


  Duty owed by police, fire service, paramedics etc. as part of their public role
• Public duty


  • Dytham case - policeman witnessed man beaten to death but drove away, breached public duty