LAW P2 Q9 (Fault and harm)

Question 1

What is the first point for the fault and harm tort para?

Answer 1

(Fault can be defined)

Fault can be defined as the level of wrongdoing or blameworthiness for the act which caused the prohibited consequence.

Question 2

What is the second point for the fault and harm tort para?

Answer 2

(The signifiance)

The significance of fault is that it shows who is to blame

Question 3

What is the third point for the fault and harm tort para?

Answer 3

(When establishing fault)

When establishing fault, both an actus reus and men’s rea must be present at the same time, and the level of fault is usually higher for a higher men’s rea such as intention or recklessness.

Question 4

What is the fourth point for the fault and harm tort para?

Answer 4

(This can be seen in negligence)

This can be seen in negligence and the Neighbour principle which makes one liable for a breach of negligence if their acts or omissions directly and foreseeably affected their Neighbour.

Question 5

What is the fifth point for the fault and harm tort para?

Answer 5

(An issue may lie)

An issue may lie under areas where somebody is deemed at fault without the requisite men’s rea, for example strict liability offences such as speeding.

Question 6

What is the sixthpoint for the fault and harm tort para?

Answer 6

(In order to establish fault)

In order to establish fault, there must be a fair trial as it will establish the level of culpability an individual has.

Question 7

What is the seventh point for the fault and harm tort para?

Answer 7

(One example of this)

One example of this is the Tony Martin case where a trial established his level of fault through the distinction of reasonableness of force as to the defence of self defence.

Question 8

What is the eighth point for the fault and harm tort para?

Answer 8

(Fault is also an important part)

Fault is also an important part of civil law, since it was introduced in Cambridge waters v eastern counties leather.

Question 9

What is the ninth point for the fault and harm tort para?

Answer 9

(Overall the concept)

Overall, the concept of fault is vitally important as it determines who should be punished and what level of punishment they should receive.

Question 10

What is the tenth point for the fault and harm tort para?

Answer 10

(However fault does still)

However, fault does still have some issues as it can in some cases be wrongly applied, causing incorrect sentencing.

Question 11

What are all 10 points for the fault and harm tort para?

Answer 11

• Fault can be defined
• The signifiance of fault
• When establishing fault
• This can be seen in
• If fault is established
• An issue may lie
• In order to establish
• One example of this
• Overall the concept
• However fault does still