fault Flashcards

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1
Q

1: what does it mean to be at fault in law

A

to have been responsible for prohibited conduct or consequences

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2
Q

1: what is fault in contract law

A

a failure to honour a prior agreement

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3
Q

1: what is fault in tort law

A

it can be to fall below standards considered reasonable in dealings with other people

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4
Q

1: this essay will be dealing with fault in…

A

criminal law

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5
Q

2: fault in criminal law involves what 2 elements

A

actus reus and mens rea

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6
Q

2: what is actus reus

A

the physical element of a crime and its surrounding circumstances

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7
Q

2: what does actus reus require

A

conduct (act/sometimes omission) by D

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8
Q

2: what do some offences require that the conduct causes

A

a prohibited consequence

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9
Q

3: what is the general rule about actus reus regardless of the morality

A

actus reus requires an act and an omission cannot amount to fault required for the purposes of criminal law

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10
Q

3: example of omission that is morally abhorrent but not actus reus of crime

A

to watch a stranger drown or a blind person walk off a cliff when you could save them

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11
Q

3: how does british approach on omissions differ from countries such as france

A

there is a duty to take reasonable steps to help people in emergency situations in france

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12
Q

3: what is the legal view in the uk about omissions

A

that as you have not caused the event to happen you cannot be said to be legally at fault for failing to prevent the consequences

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13
Q

4: what are there where the law states that an omission is sufficient fault to be considered actus reus

A

many specific situations

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14
Q

4: when can crimes of negligence eg gnm be committed by omission

A

if the omission is considered serious enough

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15
Q

4: what do many statutory offences specifically state

A

that crimes can be committed by omission

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16
Q

4: what does the domestic violence, crime and victims act 2004 make an offence

A

failure to prevent the death of a child in your care

17
Q

5: what is the main fault element in criminal law

A

mens rea

18
Q

5: what must the actus reus be accompanied by for most crimes

A

a designated mental element

19
Q

5: 3 types of mens rea

A

intention, recklessness and negligence

20
Q

6: what is the highest form of mens rea

A

intention

21
Q

6: what are the two types of intention

A

direct and oblique

22
Q

6: what does direct intention require

A

that the consequence of Ds actions were his or her main purpose: mohan

23
Q

6: woolin

A

d can also be said by the jury to intend a consequence that was not their main purpose, as long as D foresaw it as a virtually certain consequence

24
Q

6: what 2 types of mens rea are seen to be equally at fault

A

direct and indirect intention

25
Q

6: what is the mens rea for most offences

A

recklessness

26
Q

6: what does recklessness require

A

D sees the risk of the consequence of his/her actions, as defined in Cunningham

27
Q

6: what are intention and recklessness rests of

A

subjective state of mind of D

28
Q

6: what does negligence involve

A

falling below the standards of the reasonable person and is an objective test

29
Q

7: what is the relationship between fault and mens rea illustrated by

A

the offences of murder and manslaughter

30
Q

7: what is the actus reus of both murder and manslaughter

A

to unlawfully kill a human being

31
Q

7: how can murder only be committed according to vickers

A

if d intends to kill or cause gbh