Instead of harm being caused by something a defendant has done, it may result from something s/he has failed to do – an omission – including the failure to prevent an act of a 3rd party or of the victim him/herself.
This recording explains
• the general principle of no duty for omissions and its justifications
• the exceptional circumstances of special proximity which may be sufficient to outweigh the general principle
Note: some cases involving omissions which depend on considerations specific to a particular areas (eg public bodies or economic loss) are discussed in the recordings which deal with those areas rather than here.
Lecturer: Gianni Vuolo
Duration: 28 minutes (approx)