Law And Fault

Question 1

Give some criminal examples of liability depending on fault

Answer 1

• person shouldn’t be improsoned unless blameworthy, underpinning MR. AR needs to be voluntary ie Hill 1958 but can be an omission Miller 1983
• but strict liability? Just?
• causation needs to still link and not be broken for blameworthiness
• partial defences to murder show not all killings equally blameworthy

Question 2

Give some examples of fault in civil

Answer 2

two parties to an action, liability only if party is at fault
Award of damages in negligence is compensatory and intended to restore the claimant to their previous position prior to accident
Exemplary damages may be rewarded
Vicarious liability however can occur without fault
Consumer rights act 2015 includes fairness test with respect to enforceability of terms and consumer notices in contracts