No general duty for omissions

Topic preview

1. 01

   Foundation

   Why does the law usually refuse to impose liability for simply failing to act?

2. 02

   Mechanics

   Before analysing breach in an omission case, what exception to the no-duty rule must you find?

3. 03

   Perspective

   The defendant did not create the danger, but failed to rescue, warn, or stop harm. Why does that point to a nonfeasance problem, and what fact would instead suggest a duty to act?

4. 04

   Risk allocation

   Why is it wrong to say someone is negligent merely because they failed to rescue, warn or help?

5. 05

   Distinction

   How do you tell the difference between doing harm and merely failing to act?

6. 06

   Consequence

   If the case is really one of omission, what must the claimant show before the court moves on to breach or liability?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.