Nature of Law: Law and Society

Question 1

How can the concept of fault be seen in criminal and civil law?

Answer 1

Through the different levels of mens rea and the breach of duty

Question 2

What does fault justify?

Answer 2

Liability

Question 3

How can fault be seen in causation?

Answer 3

D will not be at fault or liable for harm which is too far remote a consequence from his breach of duty

Question 4

What are the main problems with fault in tort?

Answer 4

Can be difficult to prove, damages are paid out of insurance, egg shell skull rule is harsh