Legal Concept: Omission as Unlawful Conduct

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10 Questions

What is the additional duty beyond preventing assault that courts have held in relation to detainees?

Administer medical treatment

In what circumstances does a duty to protect or act extend to privately employed individuals?

When they have the function to protect or assist

What limits the duty owed by privately employed individuals who are in a protective role?

Employment contract terms and conditions

Who are considered quasi-public officials in the context of providing protection or medical assistance?

Lifeguards and security guards

What must be proven by the state beyond reasonable doubt in situations where there is a legal duty to prevent harm?

Means and opportunity were present

In what scenario can a person be held liable for harm according to the text?

If they had the power to prevent harm but chose not to

What establishes the scope of liability for quasi-public officials as mentioned in the text?

The terms of their employment contract

What establishes the duty of lifeguards employed at private clubs according to the text?

"Terms and conditions of the employment contract"

'Means and opportunity' refer to what concept in determining liability for harm?

'Power to prevent'

'Unlawful omission' refers to what in the context of causing harm?

'Failure to do what one should'

Explore the legal concept where an omission is considered unlawful conduct when it incites moral indignation and the legal convictions of the community deem it to be unlawful. Understand the circumstances under which an omission can provoke individuals to ignore their moral obligations.

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