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 outweigh the general principle
Note: some cases involving omissions which depend on considerations specific to particular areas (eg public bodies or economic loss) are discussed in the recordings which deal with those areas.
Lecturer: Gianni Vuolo
Duration: 28 minutes (approx)
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More recordings in the Law of Tort
- Breach of duty
- Causation and remoteness
- Common law torts relating to land.
- Defamation Q&A
- Liability for omissions
- Negligence – economic loss
- Negligence – liability for words Q&A
- Negligence – psychiatric harm
- Negligence – psychiatric harm Q&A
- Nuisance and Rylands v Fletcher Q&A
- Occupiers Liability Q&A
- Public bodies
- Tort part A 2019 – Mulheron: ‘Legislating Dangerously’