Omissions and acts of third parties (Acts and Ommissions (Stovin V Wise…
Omissions and acts of third parties
Acts and Ommissions
Stovin V Wise (1996)
It is one thing for the law to say a person who undertakes some activity must take reasonable care not to cause damage to others. It is another thing to require a person who is doing nothing in particular to take steps to prevent another from suffering harm from the acts of third parties or natural causes.
There must be some additional reason why it is fair and reasonable that one person should be regarded as his brother's keeper and have legal obligations in that regard.
Sutradhar V National Environment Research Council (2006)
The fact that one has expert knowledge does not in itself create a duty to the whole world to apply that knowledge in solving its problems. They can be liable only for the things they did...not for the things they did not do
. Lord Hoffmann
Hart & Honore - Distinction between acts and omissions
Evaluation - Bender, Weinrib
Liability for omissions
Situations giving rise to a duty of care for omissions. Defendant creation of the danger, undertaking responsibility for the claimants welfare, defendants occupation of an office or position of responsibility
Capital & Counties Plc V Hampshire County Council (1997) - Positive act of misfeasance giving rise to liability
East Suffolk Rivers Catchment Board V Kent (1941)
Kent V Griffiths (2001)
Gorringe V Calderdale Metropolitan Borough Council (2004)
Michael V Chief Constable of South Wales (2012)
Goldman V Hargrave (1967)
Other offices and positions of responsibility
Barnett V Kensington Hospital Management Committee (1969) Duty of care arises where hospitals advise or help a patient
Reeves V Commissioner of Police of the Metropolis (2000) Institutions which take in vulnerable persons.
XA V YA No duty of care for good parenting. The duty of care is confined to a specific occassion, not the parents overall conduct.
Third party acts
Home OFfice V Dorset Yacht Co (1970)
Carmarthenshire County Council V Lewis (1955)
Mithcell V Glasgow City Council (2009) No assumption of responsibility
Smith V Littlewoods (1987)