fault

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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
SC: You can find fault with recommendations, but you cannot say that you were not heard.
A mad five minutes before half-time where, defensively you could find fault with three of their goals, and on another night we could have had six ourselves.
On moral-marital-family issues its contributors now find fault with almost everything Catholic Church leaders say or do, while the positions they hold in opposition to them cannot be classified as Catholic."
Comer presents it, is that the members of the committee must not find fault with any of the participants (though there would seem to be much to find fault with), and they must operate by consensus.
James Warren's determination to find fault with The Republican Noise Machine by David Brock has forced him to present arguments that are either specious or irrelevant ("What Ailes Us," September).
Meanwhile, this large corporation has probably wasted US$30 to US$50 million in energy costs in the last six months alone, while this corporate group spends its time trying to find fault with a proven technology they have not used before.
It is unusual for me to find fault with the logic of Cathy Young ("Bipartisan Coulterism," October), but for her to use the much criticized (by conservatives) Ann Coulter as a representative of conservatism while underplaying the influence of Michael Moore, who was given an Oscar for his phony documentary Bowling for Columbine and received no criticism from liberals for his contemptuous acceptance speech, is absurd.
Being a "good" Humanist, I was fully prepared to find fault with this document.
Of course, one may find fault with scattered things, from various inequalities of coverage (perhaps unavoidable, given the scope here) to the nomenclature of the Oxford Shakespeare (All is True, Innogen, etc.) that, surprisingly, still has the ability to be annoying.
Why should Peter Gilmour in his September Odds & Ends column ("One world, under God") find fault with those words "one nation, under God" that are part of the Pledge of Allegiance?