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Fault Essay

“It is a principle of fundamental importance in English law that there should be no liability without fault.”   Consider how far fault is an essential requirement of liability in English law, and discuss the suggestion that fault should be an essential requirement.

There are many definitions of “fault” to be found in the Concise Oxford Dictionary and the Concise Collins Dictionary.   Both of these dictionaries define fault in terms of “responsibility” and “culpability” or “blame” for something wrong.   Responsibility is defined by both dictionaries in terms of ability to take rational decisions, and rational is defined by both dictionaries in terms of reasonableness.   Perhaps the core meaning of fault to emerge through these definitions is “responsibility for something wrong”, however the other definitions will also feature in the ensuing discussion.

Fault is generally an essential requirement of liability in the law of tort. Liability in negligence requires proof of a breach of duty.   A breach of duty arises when the defendant fails to act or not act, as the reasonable man would have done.   In Bolton v Stone (1951), the defendants acted as the reasonable man would have by erecting a high fence around the ground to minimise the risk of people outside the ground being injured by cricket balls. In Paris v Stepney Borough Council (1951) however, the court held that, in light of the potential serious consequences posed by welding, to an employee with one eye, the reasonable employer would have provided goggles.   Liability under the Occupier’s Liability Act 1957 also requires proof of fault.   Under s.2 (2) (b) a lower duty of care is owed to people on the premises in exercise of their calling, than to other visitors.   In Roles v Nathan (1963), the occupiers were not liable when chimney sweeps died from inhaling fumes.   They had warned of the risk, and it was the responsibility of the sweeps to be aware of the danger.

Fault is also relevant to the general defence...