The relevance of the so-called special knowledge in the determination of the breach of the objective duty of care

Abstract

The purpose of this paper is to review the current state of the discussion on the systematic location of the study of special knowledge in the material theory of crime, the limits to the requirement to activate it for such or such cases, and the guidelines on the basis of which it must be differentiated from ordinary knowledge or common knowledge. The purpose of this development is to propose a general definition of specialty, which allows to determine with sufficient clarity the criteria to be used when determining which knowledge is relevant in the determination of the objective duty of care and which is not.