ABSTRACT
An omission is a failure to act, which results in another person suffering from injury or damage. An example might be where a passer-by sees an injured man lying by the road. As a general principle, English law does not impose any liability for omissions unless the duty of care owed by the defendant to the claimant includes a duty to take positive action. A duty to rescue may arise when a person is aware that another person is suffering harm or is in danger of immediate harm, and the circumstances mean that the first person is required to take steps to prevent or reduce the harm. The liability of public authorities is considered, but the general principle has been established that breach of a statutory duty does not generally give rise to a claim in negligence by any person affected by the breach of statutory duty.
