fault

Question 1

definition of fault

Answer 1

blameworthiness or responsibility for something wrong

Question 2

evidence of fault in our legal system

Answer 2

AR
MR
causation
homicide

Question 3

AR

Answer 3

AR has to be voluntary, if involuntary they are not at fault

hill v baxter- Lord Goddard defined involuntary act such as driving when being attacked by a swarm of bees

Question 4

MR- blameworthiness of crime

Answer 4

intention and recklessness
talk about least serious offences to most serious and how it impacts sentencing
oblique intent (level of blameworthiness on what jury thinks) strict liability, direct intent and reckless

Question 5

causation

Answer 5

D not criminally liable if he did not cause the outcome (R v White and R v Pagett)
D will not be liable if he is not responsible in law (R v Jordan and R v Smith)

Question 6

homicide

Answer 6

level of blame reflected in mandatory life sentence

can use partial defences eg Ahluwalia

Question 7

fault not being present in legal system

Answer 7

strict liability
absolute liability
contributory negligence

Question 8

but fault is not always present in tort

Answer 8

vicarious liability

Question 9

but fault is not always present in tort, although it does play a part in strict liability

Answer 9

shah and shah

• not at fault as it was the worker
• don’t need to prove mr for some or all of the ACTUS REUS
• Shah brothers would’ve seen this as unfair, worker sold under 16, they were automatically liable, justified in law by the wider social importance by protecting people, may be slightly at fault for not training staff well

Question 10

structure

Answer 10

1) fault
2) ar
3) mr including aggravating and mitigating factors, oblique intent, direct and causation
4) recklessness isnt fault, not blameworthy but careless
5) strict liability