Mulasztásként

Mulasztásként is a Hungarian legal term that translates to "as an omission" or "by negligence" in English. It refers to a failure to act when there was a legal duty to do so, and this failure results in harm or damages. This concept is crucial in both civil and criminal law, as it can form the basis for liability.

In civil law, a person can be held liable for damages if their mulasztásként caused harm to another party. This typically involves proving that the individual had a duty of care, breached that duty by failing to act reasonably, and that this breach directly led to the damages suffered by the plaintiff. Examples include failing to maintain a safe property, which leads to an accident, or failing to warn someone of a known danger.

In criminal law, mulasztásként can lead to criminal charges if the omission constitutes a failure to perform a legally mandated duty. For instance, a parent's failure to provide necessary care for their child, resulting in harm, could be considered mulasztásként. The severity of the charge depends on the nature of the duty and the consequences of its breach. The key element is the absence of an action where an action was required by law, and this inaction had a detrimental outcome.