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Law Essay: The Role of Fault "Fault is, and should be, an essential element in liability" Discuss the meaning of fault and explain your reasons for agreeing or disagreeing with the views expressed above. Relate your answer to liability in civil law, or in criminal law, or in both. To determine the circumstances in which a person may be legally liable for his acts or omissions is indeed one of the most fundamental functions of law in any society. The basis on which liability has traditionally been attached is on the basis of fault. Usually the law hinges both criminal and civil liability on fault, suggesting that at first glance, fault is an essential element in liability. In criminal law the requirement that mens rea or a guilty mind be established amounts to saying that criminal liability is imposed on blameworthy activity. This close connection between fault and mens rea results in punishment...

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