Criminal Law: Omissions Liability

August 3, 2023

Omissions liability refers to the legal responsibility a person may have for failing to fulfil their duty to act. Generally, there is no legal duty to rescue another, but in certain circumstances, a duty to act may arise. These circumstances include the parent-child relationship, contractual obligations, or voluntary assumption of care. Failing to discharge this duty to act can result in criminal liability arising if the offence does not require a positive act for the actus reus to be fulfilled.

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