Art. 99: Duty for preventing harm defined.

A person is under a duty for preventing harm to another person-

(a) if he is under a duty, as mentioned in section 100, to supply a person with necessaries of health and life; or

(b) if he is otherwise under a duty, by virtue of the provisions of any statute, or by virtue of any office or employment, or by virtue of a lawful order of any court or person or by virtue of any agreement or undertaking, to do any act for the purpose of thereby averting harm from any person, whether ascertained or unascertained.

Art. 100: Duty to supply necessaries of health and life.

(1) A man is under a duty to supply the necessaries of health and life to his wife, being actually under his control, and to his legitimate or illegitimate son or daughter, being actually under his control and not being of such age and capacity as to be able to obtain such necessaries.

(2) A guardian is under the like duty with respect to his ward, being actually under his control.

(3) A woman upon being delivered of a child, whether legitimate or illegitimate, is under a duty, so far as she is able- (a) to summon assistance, and to do all such other acts as are necessary and reasonable for preserving the child from harm by exposure, exhaustion or otherwise by reason of its condition as a newly born child, and (b) to support and take reasonable care of the child, being under her control or in her care or charge, until it can safely be weaned.

(4) A person who by virtue of office as a gaoler, relieving officer or otherwise, or by reason of the provisions of any statute, is bound to supply any of the necessaries of health and life to a person, is under a duty to supply them accordingly.

(5) A person who wrongfully imprisons another person is under a duty to supply him with the necessaries of health and life.

(6) A person who has agreed or undertaken to supply any of the necessaries of health and life to another person, whether as his servant, apprentice or otherwise is under a duty to supply them accordingly.

(7) If a person is under a duty as hereinbefore in this section mentioned and he has not the means for performing the duty, and there is any person or public authority bound to furnish him with such means, he is under a duty to take all reasonable steps for obtaining such means from such person or authority.

(8) If a person being under a duty to supply any of the necessaries of health and life to another person lawfully charge his wife, servant or any other person, with the supply of such necessaries, and furnish the means for that purpose, the wife, servant or person so charged is under a duty to supply such necessaries accordingly.

(9) “Necessaries of health and life” includes proper food, clothing, shelter, warmth, medical or surgical treatment and any other matters which are reasonably necessary for the preservation of the life and health of a person.