- Created by: Megs555
- Created on: 28-09-17 15:58
Problems with the Law on Omissions
- AR actually means an act - so why is it also a failure to act?
- Moral and legal principles are seperate - should they be? Moral principles are subjective so difficult to encorporate them into the law.
- Neighbour principle in Donoghue V Stevenson is too broad and vague - D may not realise V is his neighbour.
- Too many statutory duties mean D may not be aware of an existence of a duty. This is unfair.,
- Unfair to expect those under a contractual duty to act when there is personal risk involved.
- Harsh that someone who takes on a duty voluntarily…