Fault in Civil Law Flashcards
What does negligence rely on?
The defendant breaching a duty of care owed to victim
What must the defendant fall below the standard of in order to breach the duty of care?
The standard of the reasonable person.
can the defendant have levels of fault in civil law?
Yes
Two key cases for levels of fault in civil law?
Paris v Stepney Borough Council
Latimer v AEC
What is transferred fault called?
Vicarious liability
What is shared fault called?
Contributory negligence
Key case for crimes with no fault requirement?
Rylands v Fletcher
Paris v Stepney Borough Council
Employer knew of employee’s condition (one eye) and failed to provide safety equipment
Latimer v AEC
Employer took sufficient steps to keep staff safe - not required to take unreasonable steps
Rylands v Fletcher
The defendants were strictly liable for the damage caused by a non- natural use of land.
When was fault first introduced?
Cambridge Water v Eastern Counties Leather
Why is fault necessary?
Because it would be unjust to penalise someone for something that was not their fault.
Why are regulatory offences necessary (Strict liability)
Because there would be too many to handle (speeding tickets)
