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153703
Duty of Care - Omissions
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Mind Map on Duty of Care - Omissions, created by val.corbett on 26/07/2013.
Mind Map by
val.corbett
, updated more than 1 year ago
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Created by
val.corbett
about 11 years ago
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Resource summary
Duty of Care - Omissions
No duty - policy concerns - invasion of personal liberty/Why pick on me?/economic reasons
At common law an affirmative duty to act may arise when one assumes responsibility
Kent v Griffiths [2001] - ambulance accepting call
Barrett v Min For Defence [1995] - failure to care for drunk soldier
Good Samaritans
The Civil Law Act 2011
No duty to act to assist a stranger
Section 51D - immunity to rescuer re rescue
Section 51D(3) - immunity lost where rescuer acts in bad faith or with gross negligence
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