LAW 604 Lecture Notes - Lecture 4: No Liability, Three Positions, Employment Contract
Document Summary
The conduct element omission and possession: when do we know if statute requires conduct to be omission or possession, look at statute. Omission: criminally liable of duty to act and you don"t, but, if no legally proscribed duty, no liability based on omission, billingslea v. state, man lives with elderly mother in her house. The man didn"t allow her granddaughter to visit or communicate with her. Three positions on omission liability: (1) help when you can always have a duty, no state accepts that you have a general duty to. 1: this is the tx version in billingslea. 2: thus, argue about what type of relationship counts, how much danger someone would have been put in, what is dangerous, etc, parent"s home is on fire and children still inside. Statute says she has to: liability comes directly from statute, climbers climbing away from civilization.
