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Fault

Neglect of care; an act to which blame or censure is attached. Fault implies any Negligence, error, or defect of judgment.

Fault has been held to embrace a refusal to perform an action that one is legally obligated to do, such as the failure to make a payment when due.

fault

(Mistake), noun aberration, blunder, bungling, erratum, error, error of judgment, failing, false step, flaw, impropriety, inaccuracy, miscalculation, misjudgment, misstep, misunderstanding, omission, oversight, slip
Foreign phrases: Imperitia culpae adnumeratur.Unskillfulness is considered as negligence. Quod quis ex culpa sua damnum sentit non intelligitur damnum sennire. He who suffers a damage by his own fault is not connidered to have suffered damage. Culpa tenet suos auccores. A fault binds its own authors. Magna negligentia culpa est; magna culpa dolus est. Gross negligence is fault; gross fault is equivalent to a fraud.

fault

(Responsibility), noun accountability, blame, cause for blame, culpa, culpability, delictum, delinquency, dereliction, liability, malefaction, misbehavior, misconduct, misdeed, misfeasance, negligence, peccatum, transgression
Associated concepts: comparative fault, contributory fault, connributory negligence, gross fault, with all faults, without fault
Foreign phrases: Culpa est immiscere se rel ad se non perrinenti.A person is at fault who intermeddles in matters not concerning him. Ejus nulla culpa est, cui parere necesse sit. No guilt attaches to a person who is compelled to obey. In pari delicto potior est conditio possidentis, defenddntis. Where the parties are equally guilty of wrongdoing, the defendant holds the stronger position.

fault

(Weakness), noun debility, defect, deficiency, delicacy, devitalization, drawback, emasculation, failing, feebleness, flaw, foible, frailty, impairment, imperfection, impotence, impuissance, inadequacy, incapacity, infirmity, instability, insufficiency, lack of strength, loss of strength, powerlessness, shortcoming, vitiation, vulnerable point, weak point

fault

verb accusare, accuse, admonish, animadvert, attack, berate, blame, bring into discredit, cast a slur upon, cast blame upon, castigate, censure, charge, chastise, chide, criticize, culpare, declaim against, denigrate, denounce, deprecate, depreciate, disapprove, discommend, discountenance, disparage, dispraise, dress down, hold to blame, impeach, impugn, impute, remonstrate, reprehend, reprimand, reprove, scold, take to task, upbraid
See also: blame, culpability, decry, defacement, defect, deficiency, delinquency, deprecate, depreciate, disadvantage, discommend, drawback, error, flaw, foible, frailty, guilt, impeach, mischief, misconduct, misdeed, misdoing, onus, rift, tort, transgression, vice

fault

one of the central concepts in the law of tort or delict. A legal system can look at harmful conduct in different ways. It can focus on the interest infringed and declare it a tort to occupy another's property, for example. However, this produces results that certainly cause moral problems and thus eventually cause legal problems. So where a person inadvertently infringes another's interest, the law has to decide whether to penalize or not. Generally, the more advanced a legal system, the more it is likely to take this into account. Thus, Roman law achieved this result in the early years of the first millennium and English law began to do so towards the end of the second. In the 19th century especially, the proposition began to be put in reverse, it being said that there would be no liability without fault, fault being necessary but not necessarily sufficient to establish liability. Fault had the benefit of comprising most existing categories of case where the plaintiff deliberately harmed the defendant, but it also allowed cases where the defendant had been careless to be included. Fault became associated with intentional wrongdoing or recklessness, which was its equivalent, and also with certain instances of carelessness.

In civilian systems, fault in this sense of exhibiting less than reasonable care would be sufficient to establish a prima facie case but would be subject to limitation in the scope of liability in the basis of the notion of remoteness. English law (and ironically) Scots law took a different course with the decision in Donoghue v. Stevenson 1932 SC (HL) 31, which established that a lack of care would constitute fault but only where there was a pre-existing duty of care. This duty could be found in precedent or arise from the relationship between the parties. Fault became much more a technical concept after that, and its moral aspect diminished. An objective approach to some aspects of the investigation into liability was a further blow to any moral approach. Fault in the later part of the 20th century fell out of favour as a mechanism for achieving many of the things that tort or delict did. Exhortation of citizens is better done through penalties inflicted through an efficient criminal justice system backed by an organized police force. The existence of an insurance industry can make it economically efficient to redirect liability in the direction of the person who is most likely to be able to acquire insurance cover at lowest cost, thus ensuring that injured persons seeking compensation are actually compensated without recourse to general taxation or charity. Statutory strict liability is beginning to appear in the interstices of the law so that fault may become a safety net for cases outside strict liability.

References in periodicals archive ?
In underground geological structures, faults are the most common geological structure.
Usually fault simulation inspects whether all undetected faults are detected by a test pattern.
The local newly recognized faults in Shahdara, Plandri, Panjara, Sarsawa and Kotli areas are the splays of the Riasi Fault.
Faults means, in general any change in the value of an element with respect to its nominal value which can cause the failure of the whole circuit and system.
Abstract: Fault statistics show that single-phase-to-earth faults (briefly called earth faults) are the most common faults in electricity distribution networks.
Those data suggest that faults can rupture at speeds exceeding 3.
For the drilling project, scientists homed in on the San Andreas Fault system (see map, left), one of the world's most active faults.
Because there were no transformers involved, the mill process was exposed to whatever problems nature gave us, such as transients and faults on our transmission lines.
Using computer models compiled by the Southern California Earthquake Center, a pair of University of Massachusetts researchers warned on Tuesday that the seismic hazard along five lesser-known faults in the Los Angeles Basin might be underestimated.
In the steel cord reinforced radial tire industry, spacing faults are the most common detects occurring in the production of steel cord reinforced ply.
Maintenance Faults describe faults, applies fault status codes, and details corrective action.
On one hand, some think that the majority of faults result from the solder paste application so that testing is best after this step in the process.