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In English law, a person will not be found to be criminally liable merely because he failed to act. 'It is not a crime to cause death or bodily injury, even intentionally, by any omission'.
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Sunny Bhanot 16H 28th October 2002. Law Essay - OMISSIONS In English law, a person will not be found to be criminally liable merely because he failed to act. 'It is not a crime to cause death or bodily injury, even intentionally, by any omission'. (Stephen LJ - nineteenth century). The example that Stephen LJ used was where a person sees another man drowning but does nothing to help him, even though, if he had merely reached out his hand, the man who could not swim would have been saved, under English Law the person failing to act has committed no crime. There are limited exceptions to this rule, as where; * statue imposes liability (e.g. Road Traffic Act 1988) * a contract of employment (Pittwood 1902) * a public duty (Dytham 1979) * where there is a special relationship between the parties (Instan 1893, Gibbins and Proctor 1918) * where one party voluntarily accepts liability (Stone...
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