fault Flashcards
1
Q
what is the idea of fault
A
the idea that a person is responsible for their actions and that in some way they have behaved wrongly
1
Q
what is the collins concise dictionary definition of fault
A
fault is ‘responsibility for a mistake or misdeed… guilty of error, culpable, blame’
2
Q
summary of duty of care (fault based)
A
- for D to be liable, he must prove the 3-part test from Caparo v Dickman
- if some harm was foreseeable (Kent v Griffiths)
- was there proximity between C and D (Bourhill v Young)
- it must be fair, just and reasonable
- DoC incorporates fault as it places the blame on the D as the test for foreseeability requires D to be blameworthy
- explain Kent V Griffiths
