law and society - fault

Question 1

law as primary roles in society

Answer 1

• protect people from harm
• to ensure a common good
• to settle arguments and disputes regarding finite resources

Question 2

ways society approaches rules

Answer 2

• voluntarily accepts the rule (i.e morals)
• forced to follow as it is enforceable within the law

Question 3

fault

Answer 3

• ‘responsibility, culpability or blame’ for something wrong (OED)
• concerned with blameworthiness and ensures that the person at fault has legal responsibility

Question 4

negligence - breach

Answer 4

• bolam test: if D fell below the standard of a reasonable man with their special skill, they will be seen to be at fault (e.g bolton v stone)

Question 5

damages

Answer 5

• compensatory in tort: puts C back in the position they were in
• as long as D is found to be at fault, the amount of damages won’t usually reflect the degree of fault

Question 6

contributory negligence

Answer 6

• if C contributes to their loss or injury, their damages will be reduced accordingly to reflect their blame/fault as stated in the s1(1) law reform (CN) act 1945
• froom v butcher: C’s damages were reduced by 25% when injured in a car accident as he wasn’t wearing his belt

Question 7

nuisance

Answer 7

• not a fault based tort
• requirements for ‘unreasonable’ interference with C’s land does mean that there has to be some level of fault

Question 7

vicarious liability

Answer 7

• different as D may be liable even if they weren’t at fault
• shifts the blame/fault from employee to employer (lister v Lesley hall)

Question 8

rylands v fletcher

Answer 8

• considered to be a ‘no fault’ or ‘limited fault’ tort
• D satisfies all 5 elements = they will be liable and none of the criteria requires fault