Fault Essay

Question 1

Main parts

Answer 1

Intro
Examples of fault bases liability
Examples of non fault based liability
Arguments for the law being based on fault
Arguments against the law being based on fault

Question 2

Examples of fault based liability

Answer 2

Actus Reus-must be voluntary so suggests fault (Hill v Baxter)
Omission-reflect blameworthiness as not liable for most
Mens rea-different levels of MR reflect levels of fault
Mens rea sentences-worse offence=higher MR and sentence

Question 3

Examples of non fault based liability

Answer 3

Strict liability-requires no MR so D can be liable without fault
Thin skull-depends on misfortune if D rather than wrongdoing
Standard of care-objective test in tort, no account for D features

Question 4

Arguments for the law being based on fault

Answer 4

Standard of care-strict liability not as protective as thought
No intent-unjust to commit of offence with no intent (Alphacell)
Penalties-unfair to give a penalty to someone not blameworthy (SL)

Question 5

Arguments against the law being based on fault

Answer 5

Higher standard of care-strict liability increases public protect
Time and money-time is saved through faultless liability
Penalties-strict liability offences has less serious penalties (£20)