Law + Society (Fault)

Question 1

Define law.

Answer 1

Set of rules created by gov which forms a framework to ensure a peaceful society.

Question 2

Define society.

Answer 2

Group of people with common territory, interaction + culture.

Question 3

Define pluralism.

Answer 3

Form of society in which members of minority groups maintain their individual cultural traditions while being part of a society.

Question 4

Explain law in society - rule of law.

Answer 4

• Everyone is subject to the same law, ensuring everyone is protected.
• No body is above the law.

Question 5

Define fault.

Answer 5

• Term used to describe the idea of blameworthiness.
• In civil law, fault’s proven by C- shown to the standard of balance of probabilities.
• Consequence of being at fault is damages/injunctions (remedies).

Question 6

Explain examples of fault in tort law.

Answer 6

Breach Of Duty:
* Breach by not acting like a reasonable person.
* Special characteristics, risk factors.
Damages:
* Negligence can’t be sustained where damage was trivial, real damage must’ve been suffered.
* Ritz v Hotel Casino: ‘But for’ D’s conduct, damage wouldn’t have occurred.
* The Wagon Mound: Damage was reasonably foreseeable.

Question 7

Explain examples going against fault in tort law.

Answer 7

• Nuisance, Rylands v Fletcher (thing stored must escape + cause foreseeable damage), Vicarious Liability.
• Strict liability torts- no breach or damage.