Practice question · True or false
Article 11 of the Criminal Code lists a close family relationship as one of the sources of the duty to prevent a result.
Hints
- Recall the two sources the article actually names.
- A specific legal or contractual obligation, and prior risk-creating conduct.
Show the answer
False
Why
False. Article 11 names a specific legal or contractual obligation to act, and prior conduct by the omitting person that created a risk to the protected good. Family cases are handled through a specific legal duty where one exists, not through the relationship as such, a distinction that decides real cases and is very commonly misremembered.
Practise Negligence and Omission
The app has 4 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on Negligence and Omission
- A strong swimmer watches a stranger drown in shallow water and does nothing. Why is this not homicide by…
- Complete the account of negligence and omission.
- Article 12 of the Criminal Code punishes negligent acts and omissions only where the law expressly so…
- How many dimensions does the objective duty of care classically have?
- Arrange the steps in analysing a possible commission by omission, in order.
- Match each element of the negligent offence to what it requires.
- In what year did the reform that abolished the general category of slight negligence and the faltas come into…
- A lifeguard is on duty when a swimmer drowns. Arrange the events in the order the court reconstructs them.
- Preterintentionality involves intending a lesser harm whilst causing a greater one. How does the criminal law…