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Q9
Law and Fault
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Created by
Jess T
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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