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if there is a responsibility to act (depending on relationship between the defendant and the claimant )
Misfeasance
include failing to rescue a stranger and failing to prevent a third party causing harm (where no relationship between the defendant and claimant or between the defendant and the third party)
Non-feasance
General rule, no duty for omissions
Smith 1987
Relationship of care and control
Dorset yacht 1970
Where defendant assumes responsibility for the claimant
Barrett v Ministry of Defence 1995