Law and Fault

Question 1

What is the Oxford English Dictionary definition of fault?

Answer 1

The Oxford English Dictionary defines fault as something wrongly done; mistake; culpability.​

Question 2

Fault based legal system

Answer 2

The UK has a fault based legal system; meaning that D’s liability is based on their degree of fault.

Question 3

Marker of blame

Answer 3

Fault is a marker of blame which imposes responsibility and therefore justifies penalties or sanctions

Question 4

Punishment and sentence

Answer 4

The defendant will only be punished if they can be shown to be to blame and the more at fault they are the higher the sentence will be.

Question 5

Individual responsibility

Answer 5

The notion of individual responsibility – where those who choose to behave in the way they do are responsible for the consequences.​