Fault Flashcards
1
Q
What does the proof of fault prevent?
A
Floodgates (increase in litigation Cole v Davis)
2
Q
Does fault act as a deterrent?
A
Yes
3
Q
Two benefits of fault?
A
Accountability
Protects professionals
4
Q
Can fault always be proven?
A
No some accidents no ones at fault
5
Q
How is public policy a disadvantage of fault?
A
Fault can be overlooked for public policy
6
Q
Does the amount of fault and the amount of damages need to add up?
A
No can be disproportional
7
Q
Do judges make unpredictable decisions?
A
Sometimes
8
Q
Is the objective standard always fair?
A
No (Nettleship v Weston)
9
Q
What are the two reforms for fault?
A
State run (too expensive)
Introduce statutory limits
10
Q
What is the problem with the reform of compulsory insurance?
A
Puts to high a burden on the public
