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Define fault
Taking/assigning responsibility for soemone’s action
Examples of fault
Defences - Full defence = no liability , Partial defences = partial liability
Use of defences allows fault to be assigned fairly
Causation - Factual and legal combine to find the cause of the consequence
Intervening acts allow others to become the cause
Examples of no fault
No need to intend to cause the consequence but still held liable when it happens
Rylands v Fletcher and Vicarious Liability
Why fault
Indication of blame
Justifies punishment
Shows how conduct should be modified