Fault - Paper 1 and 2 Flashcards
What is the Oxford English Dictionary definition of fault?
‘Something wrongly done; mistake; culpability’
How does the UK have a fault based legal system?
A person’s liability is generally dependent upon their degree of fault
How does fault work when directing blame?
Identifies the person who should be punished and justifies the imposition of penalties or sanctions
How is Criminal Law based on fault?
D will only be punished if it is proven beyond all reasonable doubt that they are to blame
What is the notion of individual responsibility?
That those who chose to behave in the way they do, are responsible for the consequences
Who explored the concept of victim fault and its relevance to criminal liability?
Vera Bergelson
What did KJM Smith analyse?
The development of subjective and objective fault in the law
