Rationalising omissions liability in negligence
- Reflects on how the general rule of no liability in negligence for pure omissions is to be understood. Examines exceptions to the general rule, including assumptions of responsibility, and suggests a revised rule recognising that some acts merit the same treatment as omissions, based on whether the conduct of defendants makes a victim worse off. Considers whether the current exceptions are consistent with the justifications for the general rule.
- Publication status:
- Peer review status:
- Peer reviewed
(Accepted manuscript, pdf, 169.2KB)
- Copyright holder:
- Sweet & Maxwell
- Copyright date:
- Rights statement:
- Copyright © 2019 Sweet & Maxwell.
- This is the accepted manuscript version of the article. The definitive published version is available online on Westlaw UK.
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