FAULT ESSAY Flashcards
what is the definition of fault?
• Culpability or blameworthiness or the responsibility of the person committing the offence.
• Oxford English Dictionary: “Something wrongly done, mistake, culpability”.
what’s the second point of the fault essay?
• The UK has a fault based legal system, meaning that D’s liability is based on their degree of fault. This is consistent with our idea of justice.
give a tort example:
PSYCHIATRIC INJURY
1) Based on fault - D has done something negligent which has caused the C to suffer a psychiatric injury - showing D was at fault for damages against C.
2) Primary victims have to be in the zone of danger - based on fault because the D has done something in the first place which created a zone of danger.
what’s the third part of the essay?
• Fault is a marker of blame which imposes responsibility and therefore justifies imposition of penalties or sanctions or identifies the person who should compensate.
give a tort example:
RYLANDS v FLETCHER
1) D brought something “non-natural” onto their land and allowed that thing to escape.
2) Damage must also be foreseeable which again reflects fault as D should have taken greater precautions in such cases.
what’s the fourth point of essay?
• Tort law is mainly based on the principle of fault, so usually the C may only obtain damages if someone else can be shown to be at blame. This is based on the notion of individual responsibility - those who choose to behave in the way they do are responsible for consequences.
give a tort example:
NEGLIGENCE
1) The D will be at fault if they haven’t acted reasonably.
2) Damages will only be awarded where the damage is not too remote a consequence of the breach.
