Fairness For Imposing Liability For Omission Essay

1016 Words Nov 23rd, 2014 5 Pages
Furthermore, the above two categories under the assumption of responsibility demonstrate that there is a correlation of fairness for imposing liability for omission. It is further necessary to determine third parties in relation to the omissions. Generally, third party omissions would not rise to liability in tort of negligence as they do not owe a duty of care to that specific individual. Although, the exceptions to this rule arises from when “the defendant has a duty to control the third party or a duty to safeguard a dangerous thing”. Firstly, Home Office v Dorset Yacht Co Ltd demonstrates that a ‘defendant has a duty to control the third party’. The case concerned a supervision of young offenders while they carried out the work. Subsequently, the officer’s omission led to the offenders escaping with a boat which crashed into the claimant’s yacht. It was held that the Home office were liable as they were in a position of control over the third party. Secondly, Lewis v Carmarthenshire County Council illustrates the duty to safeguard. As a result of the teacher’s omission of leaving the four year old child unsupervised, the child made his way to the main road which caused a lorry driver to swerve and collide with a telegraph pole. Thus, it was held the defendant was under an obligation to take reasonable care to prevent harm occurring to the child or harm caused by the child to other people. From a Corrective Justice point, Zipursky notes that the theory is about…

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