Fault Flashcards
Dictionary definition of fault
responsibility for an accident or misfortune
how is criminal liability based on fault (3)
- actus reus
- causation
- sentencing
actus reus
hill v Baxter acts must be voluntary
causation (3)
- r v white but for test
- r v Jordan medical negligence breaks chain
- r v Williams vs own actions break chain
sentencing
aggravating and mitigating factors are considered to arrive at a sentence that reflects degree of fault
how is civil liability based on fault (3)
- contributory negligence
- occupiers liability
- contemptuous damages
contributory negligence
Brannon v airtours partly to blame
occupiers liability (2)
- Tomlinson v congleton less fault for trespassers
2. Phipps v Rochester prudent parent test
contemptuous damages (2)
- Pamplin v express newspapers d is at fault in bringing an action
- contract and civil
how is criminal liability not based on fault (2)
- strict liability
2. ABH MR
strict liability
Alphacell v Woodward only AR not MR
ABH MR
Ireland only need MR for assault / battery
how is civil liability not based on fault (3)
- rylands v fletcher
- vicarious liability
- CPA 1987
rylands v fletcher
transco liable even if all practical precautions
vicarious liability
limpus employer is liable for employees actions even if specifically told them not to
CPA 1987
A v NBA only need to prove the product was defective and caused harm
liability should be based on fault (4)
- fairer not to convict D if no fault
- those who took practical precautions punished (Shah)
- VL allows tortfeasor to escape liability (Limpus)
- imposing requirement of neg is fairer to D but is low level of fault so still protects public
liability shouldn’t be based on fault (3) (3b)
- practical, saves time
- protects public, greater vigilance (Alphacell)
- if people choose to do something for their benefit they should accept responsibility for harm caused;
a) Rylands v fletcher (Transco)
b) VL (Rose v Plenty)
should criminal law be based on fault?
yes; unfair to get punished if not at fault
should civil law be based on fault?
no, everyone is compensated and public is protected
are non fault systems effective?
yes; Sweden no fault scheme for victims of medical accidents
