Unit 6 - Fault

Question 1

Define fault.

Answer 1

Fault refers to the legal blameworthiness (negligence) or the reprehensible disposition a person acts (Intention).

Question 2

Define intent.

Answer 2

A reprehensible state of mind means a person knowingly and intentionally tries to achieve a harmful result, fully aware that their actions are wrong.

Question 3

Define negligence.

Answer 3

Blameworthiness attached to the conduct of an accountable person, if the reasonable person in their position would have acted differently.

Question 4

What do you need to prove for the different actions ?

Answer 4

• Pain and suffering, intent or negligence will suffice.
• Actio legis aquiliae, intent or negligence will suffice.
• Actio Iniuriarum, negligence alone will not suffice, there must be intent.

Question 5

Discuss accountability.

Answer 5

• For a person to be held accountable a person must be culpae capax.
• Without accountability, there can be no fault (it is a prerequisite/basis for existence of fault).

Question 6

What are the requirements to culpae capax?

Answer 6

• The mental ability to distinguish between right and wrong.
• Can also act in accordance with such appreciation (compulsive liars or people will have a mental health issue that prevents them from being moral).

Question 7

What kinds of people lack the necessary capacity ?

Culpae capax.

Answer 7

• Youth.
• Mental Disease or illness.
• Intoxication.
• Anger (Provocation).

Question 8

Discuss youth.

Culpae calpax.

Answer 8

• Under 7 irrebuttable presumption that not accountable.
• Between 7 and 14 rebuttable presumption lacks accountability.
• Between 14 and 18 years of age considered to be adults for purposes of accountablility.

Question 9

What are the two elements of intent ?

Answer 9

• Direction of will.
• Conscious (knowledge) of wrongfulness.

Question 10

Discuss direct intent.

Answer 10

Where the wrongdoer actually desires a particular consequence of his conduct (doesn’t matter)
whether result is certain or only possible to the wrongdoer).

Question 11

Discuss indirect intent.

Answer 11

Where wrongdoer directly intends on a consequence of conduct but at the same time has
knowledge that another consequence will inevitably or unavoidably.

Question 12

Discuss dolus eventualis.

Answer 12

Where the wrongdoer does not does not desire a particular result, but foresees the possibility and reconciles themself with that fact.

Question 13

Discuss consciousness of wrongfulness.

Answer 13

• Intent is a technical term which refers to a willed act, which in addition is subjectively known to be wrongful.
• Must realise or at least foresee that conduct is wrongful.
• Remember ignorance (generally) is not a defence in the law.
• If a mistake is made with respect to the wrongfulness of the action, then the action is devoid of intent.