The categories in which criminal liability is imposed for failing to act in accordance with ones duty have developed incoherently, creating inconsistency and unfairness. Critically discuss this statement with reference to two types of omissions liability
Instructions
Essay should include footnotes and should only consider United Kingdoms Law
Answer
IntroductionIn law, failure to act, when one has a duty of care attracts legal consequences. The plaintiff before filing a case against the defendant on the grounds of breach of duty of care must prove some elements. Firstly, the plaintiff must prove that there was an existing legal obligation for one party to express duty of care to the other party. Besides, the plaintiff must have proof that there was a breach of duty by one of the parties. Moreover, the victim must prove that they suffered an injury because of the failure of the defendant to exercise care. Lastly, there should be proof that the defendants action was the reason for the plaintiffs injury. U.K courts handle criminal and civil cases. One of the differences between criminal law and civil law arises under the omission law. Un...
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