ABSTRACT
This paper discusses three bases for finding a positive duty to act to save someone from harm that are recognised in English law – (i) assumption of responsibility; (ii) interference with rescue by another; and (iii) the demands of common humanity – and the potential problems created by these bases for finding a duty to act.
McBride, Nicholas, Three Dangerous Ideas in the Law on Liability for Omissions in Negligence (September 1, 2025), University of Cambridge Faculty of Law Research Paper.
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