With the aid of case law and legislation discuss the delictual liability for an omission
In delictual law, an omission is the failure to act or do something that a reasonable person would do in similar circumstances. Delictual liability for an omission arises when the failure to act causes harm to another person. This kind of liability is referred to as "omission liability" and is recognized in both case law and legislation.
In the case of Mitchell v Glasgow City Council [2009] UKHL 22, the claimant was injured when he fell into a hole in a public street that was left uncovered by the local council workers. The claimant argued that the council had a duty to cover the hole and its failure to do so resulted in his injuries. The court held that the council had a duty to take reasonable steps to prevent harm to the public, and their failure to cover the hole was a breach of that duty. As a result, the council was found liable for the claimant's injuries.
In terms of legislation, the Civil Liability Act 1978 in the UK outlines the principles of delictual liability for omissions. Section 1 of the Act states that a person owes a duty of care to another person if the harm that is likely to result from an act or omission is reasonably foreseeable. This means that if a person can reasonably anticipate that their omission will cause harm to another person, they may be held liable for that harm.
Overall, it is evident that delictual liability for omissions is a recognized concept in both case law and legislation. It is important for individuals and organizations to be aware of their duty to act reasonably and take steps to prevent harm to others, as failing to do so could result in legal liability for any resulting harm.