Section 1 of the Act makes statutory provision that, in determining whether the omission of certain steps amounts to a breach of duty, the court "may" consider whether such steps, had they been performed, would prevent some desirable activity. For example, the court must consider whether precautionary and defensive measures might prevent something socially useful. Though this principle had often been observed by the common law (see Miller v Jackson 1977, Denning's judgment), the Act places it on a statutory footing.