Unlawful Omissions in Law
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Questions and Answers

What duty do courts hold towards detainees beyond preventing assault?

Get them medical treatment when necessary

Who are considered quasi-public officials in terms of duty to protect/act?

Privately employed individuals whose function is to protect, rescue, or render assistance

What limits the duty of individuals employed to protect or rescue?

Terms and conditions of the employment contract

In our law, does anyone owe an unlimited duty?

<p>No</p> Signup and view all the answers

What important aspect determines the scope of liability for quasi-public officials?

<p>Terms of the contract</p> Signup and view all the answers

What additional requirements need to be proven by the state once a legal duty to prevent harm is established?

<p>Beyond reasonable doubt: means, opportunity, and harm caused by unlawful omission</p> Signup and view all the answers

When can a person be held liable for harm according to the text?

<p>If the person had the power to prevent the harm but chose not to do so</p> Signup and view all the answers

Under what circumstances is an omission regarded as unlawful conduct?

<p>When the omission incites moral indignation and legal convictions demand it be regarded as unlawful.</p> Signup and view all the answers

What principle requires the definitions of crimes to be reasonably precise?

<p>Principle of legality.</p> Signup and view all the answers

What is the significance of crystalized categories in determining liability for omissions?

<p>They establish a legal duty to act positively in certain circumstances.</p> Signup and view all the answers

What is the legal consequence of failing to comply with a statutory duty to prevent harm?

<p>Liability for the offense of failing to comply with the statute and liability for any harm suffered.</p> Signup and view all the answers

What conflict arises when the test of omission is used too liberally?

<p>It conflicts with the principle of legality.</p> Signup and view all the answers

In what circumstances can a person be held liable for omissions according to the text?

<p>When there is a legal duty imposed by statute to act positively.</p> Signup and view all the answers

What limits the duty of individuals employed to protect or rescue?

<p>The scope of their statutory duty.</p> Signup and view all the answers

What is the key requirement for determining the liability of quasi-public officials?

<p>The scope of their duty to prevent harm.</p> Signup and view all the answers

What additional burden must the state prove once a legal duty to prevent harm is established?

<p>The harm was a direct consequence of the failure to act positively.</p> Signup and view all the answers

Does anyone owe an unlimited duty in our law?

<p>No, nobody owes an unlimited duty.</p> Signup and view all the answers

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