A man who allows his brother who is sick and an idiot to die will
Question and options
A man who allows his brother who is sick and an idiot to die will
- be liable for the death as liability arises only when a man is under legal duty
- not be liable for the death as liability doesn’t arise when a man is under legal duty
- be liable for the death as liability doesn’t arise when a man is under legal duty
- not be liable for the death as liability arises only when a man is under legal duty
Answer and explanation
Correct answer: D - not be liable for the death as liability arises only when a man is under legal duty
Criminal liability for an omission arises only where there is a legal duty to act. A brother has no legal duty toward an adult brother, so he is not liable, which is the classic textbook illustration.
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