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Qui Non Obstat Quod Obstare Potest, Facere Videtur
Understanding Qui Non Obstat Quod Obstare Potest, Facere Videtur: A Legal Insight
Definition & Meaning
The phrase "Qui non obstat quod obstare potest, facere videtur" translates to a principle in law that suggests if a person has the ability to prevent an action but does not, they are considered to have participated in that action. This concept emphasizes the responsibility individuals have to act when they can prevent harm or wrongdoing. Essentially, it implies that inaction can be interpreted as consent or complicity in the matter at hand.
Table of content
Legal Use & context
This principle is often applied in various legal contexts, including civil and criminal law. It can be relevant in cases involving negligence, where a person's failure to act may lead to liability. For instance, if someone witnesses a crime and does not report it, they may face legal consequences depending on the jurisdiction and circumstances. Users can manage related legal processes using templates from US Legal Forms, which offer resources for drafting necessary documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A bystander sees a person being attacked but chooses not to intervene or call for help. If the situation escalates, the bystander may be viewed as having a role in the outcome due to their inaction.
Example 2: A landlord notices a dangerous condition in a rental property but fails to fix it. If a tenant is injured as a result, the landlord could be held liable for negligence because they did not act to prevent the harm. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Context
California
Strong emphasis on duty to rescue laws.
New York
Less stringent requirements for bystander intervention.
Texas
Specific statutes regarding negligence and liability.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Negligence
Failure to take proper care in doing something.
Negligence focuses on a breach of duty, while this principle centers on inaction.
Complicity
Being involved with others in an illegal activity.
Complicity requires active involvement, whereas this term may apply to passive inaction.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where you could prevent harm but choose not to act, consider the potential legal implications. It may be wise to consult with a legal professional to understand your responsibilities and any possible consequences. Additionally, users can explore US Legal Forms for templates that can help in documenting any necessary actions or decisions.
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