learning law

how does the idea of fault link back to the UK's legal system?

• the UK has a fault based legal system

•  meaning that the d's liability is based on their degree of fault (consistent with our idea of justice)

how is fault incorporated into the system?

fault is the marker of blame which imposes responsibility and therefore justifies the giving of penalties/sanctions, and identifies the person who should compensate/be punished 

how does criminal law work in relation to fault?

• the law of criminal is mainly based on the principle of fault

• usually the d will only be punished if they can be showed to be to blame, and the more at fault they are, the higher the sentence will be

principle

• based on the principle of individual responsibility - those who choose to behave in the way they do are responsible for the consequences