Criminal Law: Omission, Liability, and Case Study in Contract Law

This report delves into the intricacies of contract law, with a specific focus on the concept of omission and its implications for criminal liability. The introduction provides a foundational understanding of criminal laws, defining their scope and dynamic nature in relation to societal values. The report then explores the legal definition of omission, emphasizing actus reus and the breach of duty. It examines various conditions under criminal law that address omission, including instances where the defendant creates danger and failures in providing medical treatment, referencing relevant case laws like Bordon v Valler and R v Pittwood. The report further analyzes a case study involving Stuart, Paul, and Jack, exploring the issues of omission related to drug use and medical negligence, drawing on relevant case laws like R V Stone and Dobinson and R v Dytham. The conclusion emphasizes the criminal nature of omission and its impact on liability within the context of the provided case study, highlighting the importance of duty of care and actus reus in determining criminal offences.

Contract Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Omission and laws related to it...................................................................................................3
TASK 2............................................................................................................................................5
Case scenario...............................................................................................................................5
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Criminal laws are the laws that deals with those kind of activities which causes chaos
within society by disturbing peace and order. These laws forms those body or framework which
deal with criminal offences. Under these laws various kinds of offences which threatens, harm or
endanger property, morals and welfare of a country. Laws of such kind has been enacted by
legislature. Also criminal laws deal with punishments and fines as per nature of criminal activity
which is given upon violating of such laws. Further the laws are been formed to make crime
reduced within country. Scope of these laws are wider in nature as it covers about aspects in
relation to criminal activities within society. Nature is dynamic as they have tendency to impact
moral values of society directly. In this file two task are there first task related with omission and
second task is case study which deals upon omission.
TASK
Omission and laws related to it
Omission means an act which has been done by an person and results into causing harm
with death of another person (Martin-Bariteau and Pavlovic, 2020). The main cause of omission
is related to failure of performing particular duty required to be followed during he course of
action being done. In criminal laws there is one basic element that is actus reus and is require to
be presented at the time crime is been committed. Under criminal laws actus reus means
omission done by giving rise over liability imposed over person conducting breach of such duty.
Criminal laws deals with various kinds of condition dealing with omission and they are
explained as follows:
Duty to act when the defendant has created the danger
In this condition an individual makes dangerous actions which develops situation that
violates original cause of action in negative manner. This can be understood with the help of
example Bordon v Valler in this case defendant slept over rough within a building and was
smoking cigarette at same time. After sometime he woke up and found that mattresses caught
fire. Instead of getting help he shifted to other room. In this act of omission lead fire spread
within the room which made loss of property occurred. So, he was convicted under Criminal
Damage Act 1971 for causing damage through omission (Pierce, 2018).
Failure to provide medical treatment

In this general terms related to omission done by doctor or hospital staff in providing
reasonable care to its patients which resulted into breach of duty is been covered. Under
healthcare sector duty of treatment is the only obligation which can lead upon omission. If due to
any reason breach of duty takes place then omission can be criminal or general which caused
death of person. Relation to healthcare an person's individual right to get perfect treatment is
been violated that is why act of omission is been done. Various acts has been formed in relation
to deal upon such omission and they are Refusal of Treatment 1994 and Adult: Refusal of
Medical Treatment 2002. Also various important principle is been covered within the act of
omission that has been explained as follows:
(a) In this an person is unable to understand about information which is relevant upon making
decision and consequences of which cause death. Then it amounts to omission done by a medical
professional.
(b) The patient is not able to used information and balance as part of process which impacts
correct decision making. In this omission can be on part of technical department of an hospital
within there complexed processes.
Duty to act when contracted to do so
As per this duty there is one relevant case law which is to be applied that is R v Pittwood
in this defendant was convicted for negligence and manslaughter. Under the case defendant
didn't take care of the crossing which he was bound to do. It resulted in causing train collapse
with the cart. So, court held that "a man might incur criminal liability from a duty arising out of
contract. It means that criminal liability has accrued due to act of omission then person should
take care that penalty is been paid by him and also he goes to imprisonment (Heiss, 2020).
So, from the above discussion it can be find out that criminal laws deals with act of
omission within actus reus. Also this is one of the two basis factor that makes crime conducted
possible. This makes sure that omission is considered as crime within criminal law. In order to
justify this an example is there within which an individual was taking oath and has omitted
various important parts from it which resulted in causing in-appropriate environment during oath
taking ceremony. So, in it omission affected in negative manner and caused harm to public.
Various other crimes like theft, murder, sexual assault and grievous hurt is related with omission.
In criminal law impact of lie is not seen only proving omission is enough over providing actus
reus act.

TASK 2
Case scenario
The case facts are that three people Stuart, Paul and Jack met with each other on Paul's
flat. Where Stuart and Paul took injection of Heroin that was purchased from Paul's friend Jack.
Only Stuart and Paul took injection of drug in voluntary manner. Then after taking drugs both of
them fall ill. This results in causing Stuart collapsed. Seeing it both Paul and Jack went out to
call for help. Jack was on crossing road and June an off-duty nursed noticed that they were
calling for help. Intention of helping she knocked down Jack which caused him sever injuries.
Seeing this she did not caused harm. After sometime Jack got hospitalized and was been treated
by Dr. Green. Doctor gave an antibiotic to Jack and he was allergic to it which caused his death
this made. Paul was going through treatment over drug overdose and he survived the treatment.
Paul did not told about Stuart to anyone. As he comeback to flat and noticed that Stuart died and
his postmortem report explained that he could have been saved if taken to hospital on time.
Issue: The main issue that can be marked out from above case scenario is the act of omission.
This means when an action performed by an individual has caused negative affect upon an
individual's life and caused death of person. This is also related to criminal conduct within
criminal law.
Laws: The case is related to act of omission that is also criminal conduct. It is further deal within
Criminal laws of UK. The main element that justifies criminal omission under criminal law is
actus reus. This is covered within Criminal Law Act 1997 as the act explains about criminal
offences. The case scenario consists of three parts which is related to act of omission done by
Paul , Dr. Green and June( Cafaggi and Iamiceli, 2020).
Application: As the facts of the case explains about omission by giving three different scenario.
In first scenario Stuart and Paul has taken injection of herion which caused collapsing of Stuart.
Then in second part Jack and Paul asked for help within which jack was knock-down which
further made injuries caused to him. In third part it can be observed that Dr. Green gave
antibiotics to Jack for which he is allergic and caused death of person. Paul was treated well but
did not told about Stuart. Later in this case it can be observed that Stuart caused death of person.
Postmortem report says that he could have been saved if treated on time. Section1(a) of the act
deals with actus rea. Relevant case law related to this has been explained as follows:
Case laws:

R V Stone and Dobinson
In this case Ted stone was 67 year old person and is totally blind, partially def and
appreciable sense of smelling. In this housekeeper is been living for 8 years and possess low
intelligence. Further Gwendolyn Dobinsion aged 43 is been infected and inadequate and then in
this Ted's sister Fanny was living with him. Also she has been suffering from mental problems
and neural medical condition. Ted and Gwendolyn is looking after her but still condition of
Fanny was not improving. Then she was found dead on her bed applying condition. In this court
held that Stone and Dobinson was liable upon death which makes responsibility not been
followed by them. Also they did not ensure that proper medical facilities is given to them.
R v Dytham
The case is based upon defendant within police officer and he stood by bouncer. This
made death caused through kick. The police was charged with offence of misconduct within
public office. In this offence omission is required to be treated under special misconduct. Further
offence of misconduct within public offence makes conviction to be held. So , it was marked out
by court that omission is been made over conviction which has been made (Abdullah, 2020).
Conclusion: So in this case it cab be observed that act of omission has been committed
regarding duty of care. In this basic element has been marked which is actus rea that is an
criminal offence. In the case doctor have given antibiotic to Jack that become reason for his
death. Further in this scenario criminal liability in relation over omission has been conducted.
Further the case explains that Paul has not told anyone about Stuart that resulted into death of
person. So, it can be observed that this is caused of death of Surat.
CONCLUSION
From the above file it can be concluded that act of omission is that kind of liability which
is criminal in nature. Further the file covers about laws which is related to omission and makes
legality maintained. Also the file covers about criminal case regarding omission and in the end
case scenario has been explained which explains about omission in more appropriate manner.

REFERENCES
Books and Journals
Abdullah, N., 2020. Good Faith Under Australian Contract Law. In Good Faith in Contractual
Performance in Australia (pp. 89-120). Palgrave Macmillan, Singapore.
Cafaggi, F. and Iamiceli, P., 2020. Regulating Contracting in Global Value Chains. Institutional
Alternatives and their Implications for Transnational Contract Law. European Review of
Contract Law. 16(1). pp.44-73.
Heiss, H., 2020. The Principles of Reinsurance Contract Law: an optional instrument of
transnational reinsurance law. Uniform Law Review. 25(1). pp.4-20.
Martin-Bariteau, F. and Pavlovic, M., 2020. AI and Contract Law. Artificial Intelligence and the
Law in Canada (Toronto: LexisNexis Canada, 2021).
Pierce, B., 2018. Contract Law Govern the Recruitment Process and Enable Enforcement of
Verbal Commitments. JL Bus. & Ethics. 24. p.127.
Sanchez Lasaballett, E., 2019. Conceptualizing harmonization: the case for contract law.
Uniform Law Review. 24(1). pp.73-120.
Vujačić, J.S.P., 2021. Anticipatory Breach of Contract in Uniform Contract Law: Overview of
the Solution of the UN Convention on the International Sale of Goods.