FAULT ESSAY

Question 1

what is the definition of fault?

Answer 1

• Culpability or blameworthiness or the responsibility of the person committing the offence.
• Oxford English Dictionary: “Something wrongly done, mistake, culpability”.

Question 2

what’s the second point of the fault essay?

Answer 2

• 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.

Question 3

give a tort example:

Answer 3

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.

Question 4

what’s the third part of the essay?

Answer 4

• Fault is a marker of blame which imposes responsibility and therefore justifies imposition of penalties or sanctions or identifies the person who should compensate.

Question 5

give a tort example:

Answer 5

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.

Question 6

what’s the fourth point of essay?

Answer 6

• 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.

Question 7

give a tort example:

Answer 7

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.