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Discuss the suggestion that fault IS a central element of liability in English law, but that it should NOT be.
Member rating: No Rating | Words: 1000 | Submitted: Sun Nov 04 2007
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Discuss the suggestion that fault IS a central element of liability in English law, but that it should NOT be. In general terms fault is described as and persons "culpability", "responsibility" or "blameworthiness" for his or her actions. In law fault is a general requirement of liability in tort. Liability in negligence requires a proof of breach of duty. A breach of duty arises when the defendant fails to act, or not act, as the "reasonable man" would have done given the circumstances. In Paris v Stepney Borough Council, the court held that in light of the potentially serious consequences posed by welding to an employee with one eye, the reasonable employer would have provided goggles. However in the case of Bolton v Stone the grounds man was held to have acted reasonably by erecting a high fence in order to minimise the risk of people outside the ground getting injured....
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