Fault

Question 1

What is the overall structure for fault

Answer 1

• define fault
• examples of where fault is evident in tort law
• examples of where fault is not evident in tort law

Question 2

Define fault

Answer 2

• The Collins Concise dictionary defines fault as “responsibility for a mistake or misdeed, guilty or error, culpable, blame

Question 3

Fault as a legal term…

Answer 3

refers to the blameworthiness and measuring responsibility where a person is to be accountable as he has behaved wrongly.

Question 4

Fault forms..

Answer 4

the basis of most court proceedings because those who are blameworthy the courts will impose sanctions such as imprisonment

Question 5

Examples of where fault is evident in tort law

Answer 5

• rules on breach - falling below the standard expected by a reasonable person doing the same activity (Bylth)

Question 6

Examples of where fault is evident in tort law

Answer 6

when D does not take reasonable precaution where they know serous harm was lily (Paris v Sbc - employer failed to provide goggles)

Question 7

Examples of where fault is evident in tort law

Answer 7

when D takes the correct precautions where they know serious harm was likely (Paris v SBC - employer failed to provide googles)

Question 8

Examples of where fault is evident in tort law

Answer 8

• when D takes correct precautions to initiate liability (Bolten v Stone- 17 foot fence)

Question 9

Examples of where fault is evident in tort law

Answer 9

• negligent misstatement - if D provides a disclaimer when issuing advice, fault is not held against them

Question 10

Examples of where fault is not evident in tort law

Answer 10

• rules on vicarious liability - employers are held at fault for the actions of their employees e.g where the actions had a close connection with the job (lister) or did an authorized act in an unauthorized way (limpus) ,even though the employer is not directly at fault.

Question 11

Examples of where fault is not evident in tort law

Answer 11

OLA Liability Act 1984 - occupiers owing a duty of care to trespassers even though it is usually the tress papers fault for trespassing in the first place

Question 12

Examples of where fault is not evident in tort law

Answer 12

Rylands v Fletcher - strict liability tort - D is blameworthy for damage to c’s property even without proof of negligence as the focus is on accumulation