... has lead me to believe that the statement above is false. For example if somebody refuses to provide a breath sample or failed to report an accident, they can then be found liable because a limited number of statutory provisions create liability for omissions in specified circumstances such as the Road Traffic Offences Act 1988. Another exception is where there is a contractual duty to act, there may be a specific duty to act laid down in a persons contract. For example, a lifeguard is employed to save lives, so he would obviously be failing in his duty if he observed someone in trouble and did nothing about it. The same thing happened in Pitwood (1902) where the defendant was employed to be a gatekeeper and had to guard the level crossing to shut the gate when trains were approaching. He opened the gate to let a car through and forgot that ...

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