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Fault

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Fault- Model Answer actus non facit reum nisi mens sit rea There are numerous areas of English Law concerned with fault based liability. This means one has to prove that the defendants actions were at fault and that because of this he is, to an extent, blameworthy. Modern day Britain believes that it is unjust to punish blameless people in relation to damage or injuries sustained by a third party, as it is clear that this would have no positive implications on society as whole. For example, if it was not the guilty party being punished how would he receive the necessary rehabilitation in order to ensure the same events did not occur again. The law attempts to uphold the belief that people are viewed as moral agents who should take responsibility for their own actions. Hence, by judging people by their actions the law can evaluate and discriminate between the blameworthy...

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