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Essay / Liability for omissions in tort law - 882
There is a strict distinction between acts and omissions in the tort of negligence. “Often, a person is not required to take affirmative action unless they have agreed to do so and have been paid for it. » (Cane.2009; 73) The rule is well established and only allows certain exceptions in extreme circumstances. The central idea can be summarized in the “why pick on me” argument. This attitude was spectacularly demonstrated in a notorious psychological experiment “The Bystander Effect” (Latané & Darley. 1968; 377-383). Through practical scenarios, psychologists have discovered that bystanders are more reluctant to intervene in emergency situations as group size increases. Such acts of omission are difficult to justify in a moral sense, but nevertheless find some legal support. “A man has a right to be as careless as he wishes to the whole world if he owes no duty to it.” (L Esher Lievre v Gould [1893] 1 QB 497) Clearly, where there is not sufficient proximity between the parties, a legal duty of care cannot be legally exempted and imposed, as illustrated by decision in Palmer v Tees Health Authority [1999] All ER (D) 722). If this were the case, individuals would have found themselves in a permanent state of over-responsibility for others, neglecting their own needs. Political considerations in cases of omission are not inspired by the parable of the Good Samaritan's ideas. The judges favor individualism because it “avoids vulnerability and requires self-sufficiency.” » (Hoffmaster.2006; 36)Psychiatric wrongdoingThe questionable nature of nervous shock claims has been heavily criticized in the past and is still not fully recognized today. (Teff. 1998; 92) The main reason behind the hostile attitude towards the examination of claims is the uncertainty in the middle of the document......claims generated by genetic technology, 1st ed., Routledge, OxonJournal Articles• Atiyah, P. (1967) Negligence and Economic Loss, Law Quarterly Review, 83, 270• Darley, JM & Latané, B. (1968) Bystander intervention in emergencies: diffusion of responsibility, Journal of Personality and Social Psychology 8, 377– 383• Hoffmaster, B. (2006) What does vulnerability mean? , Hastings Center Report 38, 42, 36• Lamont, WD (1941) Justice: Distributive and Corrective, Philosophy,16, 61, 11• Mullender, R & Speirs, A (2000) Neglect, psychiatric injury and the principle of altruism, Oxford Journal of Legal Studies 20,4, 645• Teff, H. (1998) Liability for Negligently Inflicted Psychiatric Harm: Justifications and Boundaries, The Cambridge Law Journal 57,1, 92• Weinrib,EJ (2002) Corrective justice in brief , University of Toronto Law Review,52, 1