​KembaraXtra – Legal Terms – Omission


An omission is a failure to act when action might reasonably be expected or legally required.


In criminal law, a person is generally not liable merely for failing to act. For example, there is usually no criminal liability for simply failing to rescue someone in danger.


However, criminal liability may arise where a legal duty to act exists. Such duties may arise from contracts, parental responsibilities, voluntary assumption of care, statutory obligations, or special relationships.


Examples include a railway gatekeeper failing to close a gate as required by contract (*R v Pittwood), parents failing to feed a child (*R v Gibbins and Proctor), or carers neglecting someone dependent on them (*R v Stone & Dobinson).


In tort law, there is likewise generally no liability for pure inaction, although certain relationships or responsibilities may create duties to act, such as the duties owed by occupiers toward lawful visitors.