Essay Structure on Omission Exam Complete Study Guide With Solution Essay Structure on Omission .pdf
Essay Structure on Omission
Introduction:
1) Address the question and Introduce the topic: Omission
2) Explain that omission occurs when Defendant fails to act when he/she was under a duty of care.
3) Identify what the question asks for and mention what your essay will contain.
4) Explain the primary law on Omission with case. (This should be explained in the body, not the
introduction)
5) No details at this stage. Brief introduction of the above key provisions.
Body:
1. Discuss the two types of duties that exist: Statutory duty and moral duties. (It should be ‘Legal duty’ not
‘statutory duty’.)
2. Mention the case facts of Instan and discuss the judgment in brief. (Not clear why this case’s facts and
judgment should be discussed at the start since this case is an example of ‘Voluntary assumption of a duty
of care’. Therefore, it should be discussed under this principle.)
3. Explain what a “duty of care” is and when it arises. A duty of care arises in circumstances and
relationships where there is an obligation upon a defendant to take proper care of the claimant to prevent
foreseeable harm. As per R v William Smith, there is no general duty to prevent harm.
Need to state the five requirements to secure a conviction based on a failure to act.
a) The accused is under a legal duty to act;
b) The accused has breached that duty;
c) The breach caused the actus reus of the offence to occur;
d) The accused has the requisite mens rea at the time of committing the actus reus of the
offence; and
e) The offence is one which is capable of being committed by an omission.
Explain there are five circumstances where a legal duty may be imposed;
a) Statutory Duty
b) Special Relationships
c) Contractual Duty
d) Voluntary assumption of a duty of care
e) Creation of a dangerous situation
This study source was downloaded by 1827175 from cliffsnotes.com on 01-08-2026 17:51:17 GMT -06:00
Page 1 of 3
https://www.cliffsnotes.com//study-notes/22133720 /2026 Essay Structure on Omission .pdf
Essay Structure on Omission
Introduction:
1) Address the question and Introduce the topic: Omission
2) Explain that omission occurs when Defendant fails to act when he/she was under a duty of care.
3) Identify what the question asks for and mention what your essay will contain.
4) Explain the primary law on Omission with case. (This should be explained in the body, not the
introduction)
5) No details at this stage. Brief introduction of the above key provisions.
Body:
1. Discuss the two types of duties that exist: Statutory duty and moral duties. (It should be ‘Legal duty’ not
‘statutory duty’.)
2. Mention the case facts of Instan and discuss the judgment in brief. (Not clear why this case’s facts and
judgment should be discussed at the start since this case is an example of ‘Voluntary assumption of a duty
of care’. Therefore, it should be discussed under this principle.)
3. Explain what a “duty of care” is and when it arises. A duty of care arises in circumstances and
relationships where there is an obligation upon a defendant to take proper care of the claimant to prevent
foreseeable harm. As per R v William Smith, there is no general duty to prevent harm.
Need to state the five requirements to secure a conviction based on a failure to act.
a) The accused is under a legal duty to act;
b) The accused has breached that duty;
c) The breach caused the actus reus of the offence to occur;
d) The accused has the requisite mens rea at the time of committing the actus reus of the
offence; and
e) The offence is one which is capable of being committed by an omission.
Explain there are five circumstances where a legal duty may be imposed;
a) Statutory Duty
b) Special Relationships
c) Contractual Duty
d) Voluntary assumption of a duty of care
e) Creation of a dangerous situation
This study source was downloaded by 1827175 from cliffsnotes.com on 01-08-2026 17:51:17 GMT -06:00
Page 1 of 3
https://www.cliffsnotes.com//study-notes/22133720 /2026 Essay Structure on Omission .pdf
