Question 9 Flashcards
What is the definition of fault?
Faukt is a form of wrongdoing. It ensured that a person at fault has legal responsibility for their actions
Link negligence and fault
Evidence will have to show how and why the accident happened and that it was due to fault of defendant
What is the case for negligence? Below the standard of reasonable man
Blyth v Birmingham waterworks.
Link OLA 1957 to fault
The common duty of care reflects an objective standard of fault.
Link OLA 1984 to fault
If a visitor is injured then this will be the occupiers fault.
Link pure economic loss and fault.
The rule the life economic loss is not recoverable shows that fault is seen as less important than legal certainty.
Link psychiatric injury and fault.
Claim is based on negligence do will have ti show defendant was at fault.
Link private nuisance and fault.
D’s fault lies in not having regard for their neighbours.
Must show unreasonable interference
What is the case to show D is not at fault through act of god?
Nichols v marsland
Link R V F and fault.
Claimant will have not ti show that neighbour is at fault and instead that offending material was in D land.
Link vicarious liability and fault
The fault of the employee does not have to be explicitly proved to make the employer liable
What is morality?
A moral is a custom habit that is determined by our own personal beliefs.
Who are the 3 natural law theorists?
Aquinas
Aristotle
Devlin
Who are the 2 natural law theorists?
Professed heart
Bentham
What did natural law theorists think?
Natural law theorists base their entire theory of law on morality, so upholding morality is essential.
What did positive law theorists think?
Belive that as long as laws are made through the right process then they are valid even if immoral.
