A-level law: Fault

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4 Terms

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Define fault

Taking/assigning responsibility for soemone’s action

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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

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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

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Why fault

Indication of blame

Justifies punishment

Shows how conduct should be modified