Omissions and public authorities PDF

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Omissions and public authorities...

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Omissions and public authorities – Failure to act is not legally punishable- no liability to rescue.

Osterlind V Hill- the rescuer principle- no liability if you see someone in need of help and make no attempt to rescue or intervene. Negligence law isn’t about morals- doesn’t want to interfere with individuals autonomy. If the law of tort imposed liability in circumstances where you failed to act- forcing people to take action in particular cases. Interfering with their freedom of choice. Yuen Kun Yeu V Government HK Michael V Chief constable Negligently placed phone call at wrong degree of urgency- don’t impose an obligation to rescue. Some omissions may be part of “causative action” and so cannot be viewed as a true omission. Failing to press the brakes in a car- not omission Policy concerns in omission cases:  Casual problems ]duty- constrain autonomy  Difficult to choose who to sue  Potentially wide/ burdensome area of responsibility  Doesn’t deter the person who initially causes the harmful situation  Economically efficient for activity to bear its own costs Case concludes that there is no absolute rule for omission. There are 2 situations. 1. When D is in a position of control over T and should have forseen likelihood that there could have been harm to a 3rd party. 2. D assumes a positive responsibility to safeguard C. this is situations such as people falling in to lakes etc. Goldman V HargraveDuty to take reasonable steps to abate dangers on land however so they arise. Smith V LittlewoodsHaynes V HarwoodHorses are caused to stampede and cause significant harm- take steps to omit danger that you are creating. Topp V London country busNot owed- less foreseeable danger- not sufficient creation of a source of danger.

Carmarthenshire v Lewis- school cannot say they merely failed to act- have a relationship of control over the child such that you would expect them to take steps to ensure they do not cause damage to a 3rd party. Police for criminal? Some of the young offenders manage to escape by stealing boat but crash it into a number of boats in the harbour and cause damage. They are liable because of the position of power they are in. Probation officer for person on parole? Duty of care should be imposed to prevent harm to the claimant....