Pure omissions cases and relevant exceptions

  • FOIL

This was a claim in negligence arising out of damage to the claimant/appellant's property, caused by an intruder who, it was said, gained access as a result of a breach of duty by the defendant/respondent. The real issue was whether this was what, at least historically, had been called a "pure omissions" case, or whether it fell into an accepted category of potentially sustainable negligence claims.


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