Fault

Question 1

Dictionary definition of fault

Answer 1

responsibility for an accident or misfortune

Question 2

how is criminal liability based on fault (3)

Answer 2

1. actus reus
2. causation
3. sentencing

Question 3

actus reus

Answer 3

hill v Baxter acts must be voluntary

Question 4

causation (3)

Answer 4

1. r v white but for test
2. r v Jordan medical negligence breaks chain
3. r v Williams vs own actions break chain

Question 5

sentencing

Answer 5

aggravating and mitigating factors are considered to arrive at a sentence that reflects degree of fault

Question 6

how is civil liability based on fault (3)

Answer 6

1. contributory negligence
2. occupiers liability
3. contemptuous damages

Question 7

contributory negligence

Answer 7

Brannon v airtours partly to blame

Question 8

occupiers liability (2)

Answer 8

1. Tomlinson v congleton less fault for trespassers

2. Phipps v Rochester prudent parent test

Question 9

contemptuous damages (2)

Answer 9

1. Pamplin v express newspapers d is at fault in bringing an action
2. contract and civil

Question 10

how is criminal liability not based on fault (2)

Answer 10

1. strict liability

2. ABH MR

Question 11

strict liability

Answer 11

Alphacell v Woodward only AR not MR

Question 12

ABH MR

Answer 12

Ireland only need MR for assault / battery

Question 13

how is civil liability not based on fault (3)

Answer 13

1. rylands v fletcher
2. vicarious liability
3. CPA 1987

Question 14

rylands v fletcher

Answer 14

transco liable even if all practical precautions

Question 15

vicarious liability

Answer 15

limpus employer is liable for employees actions even if specifically told them not to

Question 16

CPA 1987

Answer 16

A v NBA only need to prove the product was defective and caused harm

Question 17

liability should be based on fault (4)

Answer 17

1. fairer not to convict D if no fault
2. those who took practical precautions punished (Shah)
3. VL allows tortfeasor to escape liability (Limpus)
4. imposing requirement of neg is fairer to D but is low level of fault so still protects public

Question 18

liability shouldn’t be based on fault (3) (3b)

Answer 18

1. practical, saves time
2. protects public, greater vigilance (Alphacell)
3. 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)

Question 19

should criminal law be based on fault?

Answer 19

yes; unfair to get punished if not at fault

Question 20

should civil law be based on fault?

Answer 20

no, everyone is compensated and public is protected

Question 21

are non fault systems effective?

Answer 21

yes; Sweden no fault scheme for victims of medical accidents