Omission Liability Across Criminal, Tort, EU, and International Law

All flashcards

What is an omission?

A failure to take action. In criminal law, it can form legally significant conduct when a person breaches a relevant legal duty to act.

What is the general common-law rule about rescuing strangers?

There is generally no broad common-law duty to rescue a stranger, though legislation or a recognized responsibility may create a duty.

Why does the law distinguish omissions from positive acts?

Requiring someone to act can impose a heavier burden than requiring them not to cause harm, so liability for inaction generally requires a recognized duty.

What does the traditional drowning example illustrate?

A bystander who merely watches a stranger drown does not ordinarily incur criminal liability for failing to rescue them when no legal duty applies.

What was significant about R v Dytham?

An on-duty police officer's deliberate and sufficiently serious neglect of his public responsibilities supported a conviction for willful misconduct in public office.

Quiz questions

1. In R v Miller, why could the defendant's failure to address the fire support criminal liability?Answer: He became aware of a danger he had created and failed to take reasonable steps to address it.
2. What principle did R v Pittwood illustrate about contractual duties?Answer: A duty arising from a contract can, in appropriate circumstances, support criminal liability for an omission.
3. Why was the manslaughter conviction quashed in R v Khan & Khan?Answer: The defendants had not accepted a duty to act before the girl took the heroin.
4. Why can establishing a duty of care be more difficult when a negligence claim concerns an omission?Answer: A duty to take positive steps can impose a heavier burden than a duty not to cause harm.
5. What distinction did Airedale NHS Trust v Bland draw regarding treatment?Answer: Withdrawing ongoing treatment may be lawful in appropriate circumstances, unlike administering a lethal drug to cause death.