Law And Fault Flashcards
(8 cards)
1
Q
What is fault
A
- hard to define but considered as responsibility for wrongdoing/error caused by ignorance, bad judgment or inattention.
- key part of English civil/criminal law
2
Q
Outline the relationship between fault and criminal law
A
- an act must be accompanied by fault to be a crime - without fault it is an accident
- however, strict liability offences exist to regulate society + protect the vulnerable
3
Q
Outline ‘breach of duty’ in fault
A
- breach of duty constitutes fault, and this is objective because breach is judged by the ‘standard of a reasonable person’
4
Q
Outline ‘theories of fault’
A
- fault has always been a part of crim law
- people are penalised for causing harm that was their own fault
- negligence is based on fault - although before 1994, fault was not always necessary for damages to be paid (Cambridge water v eastern)
5
Q
Give Examples of fault in law
A
- Froom v Butcher - demonstrates liability being lessened as a result of fault by C
- there are different levels of fault e.g. someone who intends to kill the victim is charged with murder
6
Q
How is fault involved in criminal defences
A
- reduces/removes fault - e.g. insanity, automatism etc
7
Q
Outline the utilitarianism approach to fault
A
- punishment should prevent harm and deter future wrongdoing
8
Q
What are two benefits to the law on fault
A
- upholds moral blameworthiness - law punishes the guilty
- justifies criminal sanctions - harsher penalties make sense when fault is proven
