Fault Flashcards
Define fault
Responsibility for something wrong (oxford dictionary)
Based on ides of culpability and blameworthiness
Explain fault based liability
Is the majority of liability in the legal system
Fault must be proved as one of the factors in order to impose liabilty
Explain non fault based liability
Liability can be imposed irrelevant of whether the D is at fault or not, proof that d did the act or caused the result is enough to prove liabilty even where their not blameworthy
Give an example of fault based liability within criminal law
Need for fault can be seen in the need for mens rea, majority of offences require proof of intention (Mohan- d decided to cause criminal consequence) or recklessness (Cunningham- d foresaw risk of criminal consequence)
Why is mens rea an example of fault based liability
As if the d commits criminal acts without mens rea, they are not at fault/not liable
Give an example of fault based liability within tort law
Negligence- breach of duty requires proof that the d did something the RM wouldn’t do/fail to do something he would do (blyth v Birmingham waterworks)
Why is negligence an example of fault based liability
The d will only be found liable if they are at fault, which is proved by comparing them to the reasoable man
Give an example of non fault based liabilty within criminal law
Strict liability offences- require proof of actus reus only, don’t contain elements of mens rea, d convicted irrelevant of whether they wanted/knew they were committing the offence.
Give a case example of non fault based liability within strict liability offences
Harrow v shah- owners of newsagent did all they could to stop staff selling lottery tickets to underage but they were still accountable when they did, still liable despite doing all they could- not at fault
Give an example of non fault based liability within tort law
When establishing a breach of duty, the type of RM that a d is compared to changes depending on the level of skill the d is exercising (learner will be compared to somebody ordinarily competent at carrying out the task, not an ordinary learner)
Why is reasoable man for learners an example of non fault based liability within tort law
Learner may not be morally at fault, but the law will hold them accountable to a higher standard and establish liabilty if they dont meet the standard
Whats a case example of non fault based liabilty in tort law (reasonable man)
Nettleship v Weston- learner driver injured friend in course of a lesson, compared to reasonably competent driver, despite not being one- was found liable
