Law I / Negligence and Omission
Practice question · Fill in the blanks

Complete the account of negligence and omission.

A result offence is committed by omission only where the failure to prevent it, in breach of a special legal duty, is ______ to causing it in the sense of the statutory text. The duty of care has an internal dimension, to notice the danger, and an ______ dimension, to behave accordingly. A person under a special duty to prevent a result occupies the position of ______. Article 11 treats prior conduct by the omitting person that created a risk, known as ______, as a source of that duty.

Word bank: equivalent · external · guarantor · injerencia · internal · proportionate

Hints
  1. The first blank is the word Article 11 uses to set the threshold.
  2. The last blank names the second of the two sources the article lists.
Show the answer

A result offence is committed by omission only where the failure to prevent it, in breach of a special legal duty, is equivalent to causing it in the sense of the statutory text. The duty of care has an internal dimension, to notice the danger, and an external dimension, to behave accordingly. A person under a special duty to prevent a result occupies the position of guarantor. Article 11 treats prior conduct by the omitting person that created a risk, known as injerencia, as a source of that duty.

Why

The first blank carries the whole restriction. Equivalence is a demanding standard: it is not enough that the person could have prevented the result, or even that they had some duty; the failure must be comparable to causing the result in the sense the statute intends. That is what stops Article 11 from swallowing every case of standing by.

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