Law and fault

Question 1

1. General fault definition

Answer 1

Fault can be generally defined as the level of wrongdoing or blameworthiness for the act which caused the prohibited consequence

Question 2

2. specific tort definition

Answer 2

Specifically in tort law fault is the level of blameworthiness as to a tort outlying who is legally responsible for the outcome

Question 3

3. Level of fault

Answer 3

The level of fault is usually higher for a higher mens rea such as intention or recklessness

Question 4

4. Negligence

Answer 4

This can be seen in negligence and the notion of the neighbour principle which makes one liable for a breach of negligence where their acts or omissions will directly and foreseeably affect their neighbour.

Question 5

5. Negligence and fault case

Answer 5

Defendants in negligence cases can have differing levels of fault as seen in Paris v Stephney Borough council, the claimant should have been owed a higher duty of care due to being blind in one eye.

Question 6

6. Problem with fault in tort

Answer 6

However fault can be gone against by strict liability offences such a Rylands v Fletcher and other torts like vicarious liability where fault can be transferred (even to claimant via contributory negligence)

Question 7

7. Significance of fault

Answer 7

Significance of fault in society is that it allocates responsibility justifying the imposition of penalties and damages.

Question 8

8. Fault being dissolved

Answer 8

In tort fault can be partially or absolutely absolved from the D using a defence such as volenti non fit injuria and contributory negligence

Question 9

9. Fault in criminal law

Answer 9

Fault can be seen in criminal law as if fault is established someone could be punished in terms of murder with mandatory life sentence

Question 10

10. Overall

Answer 10

Overall fault is vital in tort law as many laws rely on fault to establish liability and decide who must be punished.