Problems with Omissions

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…