Problems with Omissions

  • 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


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