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(p. 35) 3. Special duty problems: omissions and acts of third parties 

(p. 35) 3. Special duty problems: omissions and acts of third parties
(p. 35) 3. Special duty problems: omissions and acts of third parties

Kirsty Horsey

and Erika Rackley

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date: 15 October 2018

This chapter discusses the problem of when a duty of care arises in respect of negligent omissions, or for the actions of a third party. The common law takes the view that it would be too great a burden to impose liability upon a person for a mere omission, or for the actions of others. Despite this, duties can in fact be imposed in various ways, all of which focus on the reliance of the claimant upon the defendant. This can come about either by the previous conduct of the defendant, which induces reliance by the claimant that the defendant will continue to act in that way, or by reliance which comes out of a relationship of dependence between the parties. As regards third parties, a duty may arise where the defendant has control over or responsibility for the third party’s actions.

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