Law and Fault

Cards (5)

  • define fault
    'responsibility for something wrong' -The Oxford English Dictionary
  • what does fault describe?
    the notion of blameworthyness
  • general rule
    there is no liability without fault, you cannot be found to be blameworthy for any matter unless you were at fault.
  • In tort
    Breach- an element in negligence which we place fault by comparing D to the RM.
    Nettleship v Weston- by taking no account of 'infinite varieties and temperament, education and intellect' we must all reach the same standard.
  • expections in tort
    Strict liability torts ie Rylands v Fletcher and Vicarious Liability