With the aid of case law, discuss the delictual liability for an omission.

Answer 1

Delictual liability for an omission refers to the legal responsibility one may have for failing to act in a situation where there is a duty to act. In common law jurisdictions, there is generally no duty to act unless there is a special relationship between the parties or a specific statutory duty requiring action. However, there are situations where an individual may be held liable for damages caused by their failure to act.

One such case is the landmark decision in Stovin v Wise [1996] UKHL 15. In this case, the House of Lords considered whether a local authority could be held liable for failing to install warning signs at a dangerous intersection, leading to a fatal accident. The court held that the local authority did owe a duty of care to road users in the area, and their failure to act by not installing signs was a breach of that duty. The local authority was found liable for the damages caused by the accident.

Another important case is Smith v Littlewoods Organization Ltd [1987] UKHL 8. In this case, the House of Lords held that a landlord could be held liable for damages caused by a fire on their property, even though the fire was started by a third party. The landlord had failed to take reasonable steps to prevent the fire or mitigate the harm caused by it, and the court found that this failure constituted a breach of their duty of care.

These cases illustrate that individuals and entities can be held liable for omissions if there is a duty of care owed to others and a failure to act results in harm or damage. It is important to note that the specific circumstances of each case will determine whether liability for an omission exists, and it is always advisable to seek legal advice if you believe you may have a duty to act in a given situation.