Problems with Omissions

  • Created by: Megs555
  • Created on: 26-09-17 11:02

Problems with the 6 situations

  • 'neighbour' principle too vague - D may not realise V is his neighbour. 
  • Too many statutory duties mean D may be unaware of the existence of a duty to act - this is unfair.
  • Unfair to expect someone under a contractual duty to act especially where their own lives may be at risk
  • Relationship duty seems fair. But could there be any situation in which D should be relieved of a duty to act, Smith?
  • Harsh that someone who takes on a duty voluntarily could be guilty of an omission. But if the adult is vulnerable, in Stone and Dobinson, they should aim to ensure they're


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