This is a well written and clear set of lecture notes to do with the law of tort. Separated into clear and easy to understand sub sections. Notes made by an Accelerated law student in the 2 year law programme, case laws and notes are included. Negligence and nervous shock, acts and omissions, duty ...
Lord Atkins reference to ‘acts and omissions’ in Donoghue V Stevenson
- D’s failure to protect C from harm caused by a 3rd party or by C themselves.
Making things worse vs failing to make things better:
- You see a stranger drowning, you can swim and rescue them but you omit to act
and they drown and suffer a major harm.
General Rule on Omissions:
Generally no liability for omissions – no duty to rescue.
A general duty to rescue may violate liberty or endanger the rescuer.
Cost and gravity irrelevant
Affects good samaritism for fears of not meeting the ‘reasonable person’s standard’
during the rescue.
There’s a distinction between infliction of harm and failure to prevent harm.
Lord Nicholls:
Recognised legal position is that the bystander does not owe drowning
child/heedless pedestrian a duty to take steps to save him. (LORD NICHOLLS IN
STOVIN V WISE [1972] UKHL 15)
Exceptions to the General Rule:
Omission can attract liability exceptionally:
- Voluntary conduct or agreement
- Statutory powers
- Special relationships
- Control of 3rd parties
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