fault

Question 1

what is the idea of fault

Answer 1

the idea that a person is responsible for their actions and that in some way they have behaved wrongly

Question 1

what is the collins concise dictionary definition of fault

Answer 1

fault is ‘responsibility for a mistake or misdeed… guilty of error, culpable, blame’

Question 2

summary of duty of care (fault based)

Answer 2

• for D to be liable, he must prove the 3-part test from Caparo v Dickman
• if some harm was foreseeable (Kent v Griffiths)
• was there proximity between C and D (Bourhill v Young)
• it must be fair, just and reasonable
• DoC incorporates fault as it places the blame on the D as the test for foreseeability requires D to be blameworthy
• explain Kent V Griffiths