Fault

Question 1

what is the meaning of fault?

Answer 1

some form of wrongdoing or blameworthiness

Question 2

what the liability depending on fault in criminal law?

Answer 2

-men’s rea-main fault element-distinguishes between an accident and a criminal offence

• actus reus-must be voluntary-(Hill v Baxter)
  
  • but can be liable for omissions if duty to act
• causation-factual-even though (R v White)- d not found guilty of murder this rectified by offence of attempt
• defences-still not fault
• partial defences murder-not all killings equally blameworthy
• sentencing
• GNM

Question 3

what the liability depending on fault in tort law?

Answer 3

civil wrongs-usually liability only if party at fault

negligence
-breach-(Blyth v Birmingham Waterworks Co.)

• causation
• damages

Question 4

where does liability not depend on fault?

Answer 4

crime

• strict liability-no mr but ar still element of fault
• absolute liability-ar not voluntary

civil

• nuisance
• vicarious liability