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“English law does not in general impose liability for a failure to act despite the fact that there may be compelling moral justifications for doing so - For example, the courts have often explained that there is no legal duty upon a stranger to
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| Submitted: Mon Nov 10 2003
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"English law does not in general impose liability for a failure to act despite the fact that there may be compelling moral justifications for doing so. For example, the courts have often explained that there is no legal duty upon a stranger to rescue a drowning child." Asses the truth of this statement and consider whether the current principles governing liability for omissions are satisfactory. Generally criminal conduct usually takes the form of some Act, and a failure to act does not create any liability, as the Actus Reus is the essential element of a crime that must be proved to secure a conviction. " unless a statute specifically so provides, or...the common law imposes a duty upon one person to act in a particular way towards another...a mere omission to act cannot lead to criminal liability" Miller (1982). Although sometimes liability may be based on an omission to act. It must be...
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