fault - tort EDIT

what is fault?

level of moral culpability and basis of civil liability, blameworthiness

importance of fault in law?

more at fault a person is, the more serious the offence is and a harsher penalty is given

what is fault closely linked to?

the mens rea because it determines intent and severity

where is fault seen in tort?

breach of duty - fault if the defendant fails to meet the standards expected of them

what the three types of mens rea?

direct intent, recklessness and negligence

how is the impact of different mens rea shown?

s20 gbh allows recklessness to some harm, and has a maximum sentence of 5 years, whereas s18 requires intent to cause serious harm and has a maximum life sentence, despite the same actus reus

how is the actus reus built on fault?

it must be voluntary

case with involuntary actus reus

hill v baxter

how can fault not be the basis of tort law?

many torts are strict liability offences and therefore do not require fault - vicarious liability, rylands v fletcher, nuisance

lack of fault in rylands v fletcher

lord cranworth stated that if the substance does escape and cause damage, the defendant is responsible no matter how careful they have been

defences in tort law

many defences are available for torts, especially strict liability offences

example of consent in rylands v fletcher

peters v prince of wales theatre

how is fault seen in tort law?

damages are set based on the level of fault - allows contributory negligence to reduce damages - stinton v stinton