fault

Question 1

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

Answer 1

to have been responsible for prohibited conduct or consequences

Question 2

1: what is fault in contract law

Answer 2

a failure to honour a prior agreement

Question 3

1: what is fault in tort law

Answer 3

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

Question 4

1: this essay will be dealing with fault in…

Answer 4

criminal law

Question 5

2: fault in criminal law involves what 2 elements

Answer 5

actus reus and mens rea

Question 6

2: what is actus reus

Answer 6

the physical element of a crime and its surrounding circumstances

Question 7

2: what does actus reus require

Answer 7

conduct (act/sometimes omission) by D

Question 8

2: what do some offences require that the conduct causes

Answer 8

a prohibited consequence

Question 9

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

Answer 9

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

Question 10

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

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

many specific situations

Question 14

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

Answer 14

if the omission is considered serious enough

Question 15

4: what do many statutory offences specifically state

Answer 15

that crimes can be committed by omission

Question 16

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

Answer 16

failure to prevent the death of a child in your care

Question 17

5: what is the main fault element in criminal law

Answer 17

mens rea

Question 18

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

Answer 18

a designated mental element

Question 19

5: 3 types of mens rea

Answer 19

intention, recklessness and negligence

Question 20

6: what is the highest form of mens rea

Answer 20

intention

Question 21

6: what are the two types of intention

Answer 21

direct and oblique

Question 22

6: what does direct intention require

Answer 22

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

Question 23

6: woolin

Answer 23

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

Question 24

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

Answer 24

direct and indirect intention

Question 25

6: what is the mens rea for most offences

Answer 25

recklessness

Question 26

6: what does recklessness require

Answer 26

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

Question 27

6: what are intention and recklessness rests of

Answer 27

subjective state of mind of D

Question 28

6: what does negligence involve

Answer 28

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

Question 29

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

Answer 29

the offences of murder and manslaughter

Question 30

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

Answer 30

to unlawfully kill a human being

Question 31

7: how can murder only be committed according to vickers

Answer 31

if d intends to kill or cause gbh