importance of fault in civil cases Flashcards

1
Q

What does fault in civil law refer to?

A

Responsibility for wrongdoing, often based on negligence, breach of contract, or intentional harm.

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2
Q

How does fault establish liability?

A

Courts determine who is responsible for harm or damages.

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3
Q

What role does fault play in ensuring fairness?

A

Only those proven to be at fault are held accountable.

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4
Q

How does fault allow for compensation for victims?

A

Victims can claim damages based on the established fault.

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5
Q

What is one way fault encourages responsible behavior?

A

Individuals and businesses take precautions to avoid liability.

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6
Q

How does fault deter wrongdoing?

A

Legal consequences discourage careless or harmful actions.

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7
Q

What is the difference in consequences of fault between civil and criminal law?

A

Fault in civil cases leads to compensation, while in criminal law, it leads to punishment.

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8
Q

Why is fault essential in personal injury and tort cases?

A

It proves negligence (e.g., car accidents).

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9
Q

What is contributory negligence in relation to fault?

A

A defendant may argue it to reduce liability.

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10
Q

How does a higher degree of fault influence damages awarded?

A

It may lead to larger compensation.

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11
Q

How does a structured fault system support justice?

A

It ensures predictable legal outcomes.

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