Fault in civil law Flashcards
Where is fault found in civil law
In the breach of duty of care
What must the D do to be found to have breached duty of care
Fall below the standards of a reasonable person
Key case of fault in civil law
Latimer v AEC (1953)
Latimer v AEC (1953)
Facts
D’s factory became flooded due to weather conditions, C slipped up. D had put warning signs, mopped up and placed sawdust in most used places to make it as safe as possible.
Latimer v AEC (1953)
Held
No breach of duty, D only had to take reasonable steps to minimise the risks they had done, so D was not at fault.
How does vicarious liability and contributory negligence outline the different rules of fault
Vicarious liability - fault can be transferred onto another person
Contributory negligence - fault can be shared between 2 parties
In what tort is no fault required
Rylands v Fletcher
When was fault first introduced into civil law
IN Cambridge Water v Eastern Counties Leather (1994)
What was it like before fault was introduced to civil law
Damages did not always have to be paid
What is an example of a country that operates on a non-fault-based system?
New Zealand, all taxpayers contribute to a fund that pays the victim of accidents or incidents that result in injuries.
