Omissions and Acts of Third Parties Flashcards
Barrett v Ministry of Defence [1985]
An exception to the rule that omissions do not attract liability. Assumption of responsibility. An assumption of responsibility (e.g. through positive action) may give rise to liability for omissions
Capital & Counties plc v Hampshire County Council [1997]
An exception to the rule that omissions do not attract liability: Creating or Adopting risks. Creating or adopting a risk may give rise to liability for omissions.
Costello v Chief Constable of Northumbria Police [1999]
An exception to the rule that omissions do not attract liability. Assumption of responsibility. An assumption of responsibility (e.g. through employment) may give rise to liability for omissions.
Reeves v Commissioner of Police for the Metropolis [2000]
An exception to the rule that omissions do not attract liability: Control. An omission may attract negligence liability if the defendant exercises a high level of control over claimant.
ss. 2 & 4 Social Action, Responsibility and Heroism Act 2015
The courts will take “social action” and “heroism” into account when considering “breach” in the context of rescuers
Stovin v Wise [1996]
No liability for pure omissions
Sutradhar v National Environmental Research Council [2006]
General rule: There is no liability in negligence for pure omissions. You can only be liable for the things you do, not what you did not do.
Haynes v Harwood [1936]
Creating a source of danger may give rise to negligence liability for the acts of third parties
Home Office v Dorset Yacht Co Ltd [1970]
A special relationship between the defendant and the third party may give rise to negligence liability for the acts of the third party
Michael v Chief Constable of South Wales Police [2015]
Example of where courts are reluctant to impose liability upon public bodies.
A special relationship of sufficient proximity between C and D may give rise to negligence liability in respect of the acts of a third party
Swinney v Chief Constable of Northumbria Police [1997]
Smith v Littlewoods Organisation Ltd [1987]
Failing to abate a danger may give rise to negligence liability for third party acts, but only where the danger is known or foreseeable. (example where found not liable)
An exception to the rule that omissions do not attract liability: Creating or Adopting risks. Creating or adopting a risk may give rise to liability for omissions.
Capital & Counties plc v Hampshire County Council [1997]
Creating a source of danger may give rise to negligence liability for the acts of third parties
Haynes v Harwood [1936]
A special relationship between the defendant and the third party may give rise to negligence liability for the acts of the third party
Home Office v Dorset Yacht Co Ltd [1970]
