Liability for Omissions | Law of Tort

[@thelawacademy1]

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[@hughoconnell1086]

if the general approach is that failure to do something in a general setting does not give rise to liability. Which was the reasoning behind the holding in Stovin v Wise, how come one of the exceptions that results in liability for omission: Creator of the source of danger resulting in injury did not apply? Is the local authority not responsible for the danger?

[@andyt9677]

Regarding Barrett vs Ministry of Defence, I wonder if the case would have turned out differently if it wasn't the duty officer who left him alone but just another individual who walked him back to his room and left him alone. I think that it would be incorrect to have a random individual who walked a drunk man home be held liable by omission for not supervising him after as he didn't have a duty of care to walk him home in the first place. By holding him liable by omission in this case, we would be incentivising individuals to not take any care towards others out of fear that they are assuming liability if they are unable provide a certain level of care. In the case, it is a duty officer so I can see how the situation may be different but I would like to hear other's thoughts on if it wasn't a duty officer.