Fault Evaluation
- Created by: alliehxtch18
- Created on: 30-05-18 14:51
View mindmap
- Fault Evaluation 1
- 1. fault has been defined as "responsibility or blame for an offence or misdeed"
- so, fault is associated with wrongdoing and the law recognises this by imposing liability and punishment on the wrongdoer
- this shows there is a strong correlation between fault and liability
- Professor Hart said that having fault at the centre of liability is a requirement of justice; the legal and social consequences which liability attracts would prima facie, make it unjust to impose liability without fault
- actus reus illustrates the presence of fault within the law, as Hill v Baxter established that D's actions must be voluntary in order to attract liability
- actions made involuntarily through no fault of D's own, such as R v T, will entitle D to the defence of automatism - negating fault and resulting in D's acquittal
- this is good as surely it is only fair that D be held responsible for actions over which he has control
- however, if D has induced the lack of control, he is blameworthy and automatism is not available, as in Bailey
- the law should not reward the blameworthy, and to excuse this self inducement would encourage dangerous behaviour and set a dangerous precedent
Comments
No comments have yet been made