Fault Flashcards
1)
The Oxford English Dictionary defines fault as something wrongly done
2)
The term fault is used to describe the idea of culpability or blameworthiness or in other words the responsibility of the person committing the offense
3)
The uk has a fault based legal system meaning that the d’s liability is based on their degree of fault. This is consistent with our ideas of justice e.g burden of proof is the highest with beyond all reasonable doubt as someone’s liberty is at stake
4)
Fault is a marker if blame which imposes responsibility and therefore justifies imposition of penalties or sanctions or identities the person who should compensate/ be punished
5)
Criminal law is mainly based on the principles of fault so usually the d will only be punished is they can be show to blame and the fault they are the higher yeh sentence would be
6)
This based on the notion of individual responsibility those wiv choose to behave in the way they do are responsible for the consequences causation rules prove this