- Created by: Amiegale27
- Created on: 06-06-17 18:03
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…