Law and fault/society

• fault is a legal blame or responsibility for an action, oxford dictionary defines it as: responsability, culpability of blame for something that is wrong.
• liability should be limited to those who have broken the law through volentaery action

  involentary actions: law recognises that if d doesnt commit the ar or act in civil law volenatry then they arent at fault and are therefore not liable.
• caustion establishes link between ds fault and their liability, d is not liable if damage is too re,mote - not at fault

  -an intervening act can break the chain of causation that will remove ds liability -remove ds fault
• d will only be found liable if they are found to be at fault in civil law

  • there can be distinctions between the different levels of fault when d is committing the tort
  • intention(d is at greater fault if they fully intend to bring about the result
  • recklessness(d is not as at fault as they ddnt specifically intend the crime they just took a risk or had foresight of harm
• negligence d is at fault and therfeore liable because they failed to meet the standard of behaviour.
• full defence and fault ( defence that are available demonstartes that the law recognises that certian ds are not at fault for their actions
• partial defence and fault (these defences only remove part of ds fault, they recognise that d did commit a crime but the reduction in compensation represents that the d has a partial lack of fault
• strict liability( where the proof of ar or that the tort occurred is required to ensure liability, no mens rea needed

  -d will be liable regardless of fault

  these offences go against the normal rule that thed will be liable based on fault

  -d will be liable even though they are not at fault
• explain why it is based on fault for the d is to be liable

  -what is d doing to be the blame, dfefences are there full or partial defences for the tort, how does this affect ds liablity

  -why it is not based on fault to be liable

  -conclude