A Level Law Practice Exam

What principle is established in GIBBINS and PROCTOR regarding omissions?

1. Omissions can lead to criminal liability

2. Only professionals can be held liable for omissions

3. Omissions have no legal consequences

4. Parental duties do not impact liability

The correct answer is: Omissions can lead to criminal liability

The principle established in Gibbins and Proctor highlights that omissions can indeed lead to criminal liability under certain circumstances. In this case, Gibbins, who was a father, failed to provide adequate care for his child, who ultimately died due to neglect. The court held that there was a legal duty to care for the child, making the omission a criminal act. This case demonstrates that in situations where a person has a specific duty to act, failure to take appropriate action can result in liability. The focus of the judgment underscores the significance of established duties in law, particularly those stemming from relationships such as parental responsibilities. Thus, it extends the understanding of criminal liability beyond actions to include significant omissions that have harmful consequences when there is a duty to intervene. This further emphasizes that being in a position of responsibility can create legal obligations that failure to uphold can render one liable for resulting harm.