FAULT

Definition and case

Two types of fault, need distinctions, example

Intoxication, case, Lord Mustill quote.

Many areas of law based on fault, meaning...

Common thread running through the ELS...meaning...

Fault can be seen in criminal law too.

Criminal liability based on fault

Proffessor Hart quote

All serious crimes require a MR, example

Actus non facit reum nisi mens sit rea means...

R v Lipman

Fault and AR generally must be vol for there to be liability

If invol no liability as no fault

Automatism, R v Bratty

No liability for failure to act

Stephen J quote

Example of duties and R v Pittwood

Result crime, fault established through tests of causation

Factual and case

Legal and case

NAI breaks the chain

Explain a NAI and name them

R v Jordan and R v Lewis

Fault and MR established for...need intention or subj recklessness

More blameworthy the offence, higher degree of MR required...crimes graduated, e.g.

R v R+G...ensures liability based on fault, avoids injustices

Elliot v C

Fault and defences...be reduced in extenuating circumstances that...

Partial defences to muder, Homocide Act 1957, fault seen to lie outside of D's control

D is less morally capable than someone who takes life intentionally

E.G. DR and R v Ahluwalia 1992

Liabaility can be extinguished by a complete defence

E.G. Lawful force and R v Bird

Levels of fault recognised by sentencing, judges have complete discretion

Regardless of D's plea fault is relevant to sentencing, usually proportionate to the degree of fault

Murder, life sentence if it is expceptionally serious, imposed under CJA 2003

Judge states minimum term for parole, agrravating and mitigating factors considered too

Fault in civil law, weighing interests of two parties, liability imposed on party at fault

Fault relevant to tort law, negligence based on fault, C proves A...

Fault is proved by establishing duty, breach, damage

Establishing duty, Caparo v Dickman three tests

Blyth v Birmingham Waterworks

RM, consider size of risk, practicality of taking precautions and social importance

Lord Dunedin quote, Bolton v Stone

Damage, A must be factual…

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