Omission (law)
Failure to act / From Wikipedia, the free encyclopedia
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In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care.
The examples and perspective in this article deal primarily with the United Kingdom and do not represent a worldwide view of the subject. (December 2010) |