Should it or shouldn't it? (Fault) (5)

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  • Liability shouldn't depend on fault
    • If the reason for fault is to 'uphold and re-enforce the values of society' then why is it that sometimes no fault is required to protect the public interest?
    • Strict Liability offences normal exist to protect the public from issues of social concern.
      • Lord Reid, in the case of Warner v Metropolitan Police Officer, said that strict liability offences are ''quasi criminal offences which do not offend our sense of justice that moral guilt is not the essence of the offence''
        • This means it's not for us to judge if someone is morally to blame for their actions, it is for us to act in the best interests of the public.
  • Liability should depend on fault
    • Justice requires fault to be on the part of the defendant because without liability it conflicts with our sense of justice and unfairness
    • Also, it's morally offensive to punish someone who is blameless or who has taken reasonable care, such as in Limpus when the employer forbid the employee;s actions and was still at fault.
    • Finally, without fault the law is reflected badly upon free society that people can be deprived of their liberty when they are not morally to blame for their actions.

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