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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- Tort part A 2021 – Moreham: ‘Unpacking the reasonable expectation of privacy test’
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