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Question: Discuss the extent to which liability in English Law is and should be fault based. (30 marks + 5 marks AO3)

Answer: Law is not a term that lends itself to easy definition with varying views on the meaning. It can be broadly defined as a body of rules which are recognised as binding among the people of a community or state so that they will be imposed upon and enforced among those persons by appropriate sanctions this is adapted from LB Curzon, Dictionary of Law. On the other hand, in simple terms, fault may be regarded as blame or wrongdoing relating to to someones legal responsibility. Fault is an essential part of both civil and criminal law, the fundamental principle is that there should be no liability without fault. Only those who are blameworthy should be held liable. The principle is rooted in morality and justice, it is both morally right and just to hold a person responsible in law if they are at fault. Since ‘no liability without fault’ is a principle rather than a rule there are excepti...(short extract)

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  • Subject: Law
  • Course: Law
  • Level: A-Level
  • Year: Not applicable
  • Mark: Not available
  • Words: 3031
  • Date submitted: January 03, 2019
  • Date written: March, 2015
  • References: No
  • Document type: Essay*
  • Essay ID: 8581

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