Liability dependent on Fault (Civil Law) (3)

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  • Liability dependant on fault in Civil Law
    • In negligence the defendant is only liable if he falls below the standard of a reasonable man as shown in Bolton v Stone when a reasonable man would not have put a fence up (the defendant is not at fault)
    • As in criminal law the defendant must be the factual/ legal cause of the damage.
      • Barnett provides us with the but for test
        • These rules aim to find if the defendant is morally blameworthy and so intended his actions
          • The Wagon Mound asks if the kind of damage...
      • The Wagon Mound asks if the kind of damage...
    • In The Wagon Mound it was found that it was not reasonable to blame the defendant for the explosion, as whilst his acts of leaking the old caused the dame, it was rendered too remote due to other circumstances that followed.
      • This is not always the case

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