Q9 Fault Flashcards
1
Q
Introduction
A
Holds people Accountable
Can be responsible even if not at fault
2
Q
General Presumption
A
Liability based on fault
Blameworthy = guilty. Undermines men’s rea
3
Q
Causation
A
Fault = liability ( R v White )
sometimes public opinion may disagree (barnett v chelsea)
4
Q
Defences
A
Partial defence/full if men’s rea not present. eg self defence
Blameworthy but not at fault possible.
5
Q
Strict liability
A
D always at fault
Intention irrelevant (harrow lbc v shah)
6
Q
Tort
A
D may not always be at fault ( Ryalands v fletcher )
Restore C to before accident
7
Q
Sentencing
A
Sentence to justify Culpability for all actions
8
Q
Negligence (standard)
A
D fell below standard
Objective Fault
