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Evaluating the loss of control defence

Fault in civil and criminal law

Sally Russell looks at how the concept of fault interacts with criminal law and the law of tort

This article is relevant to AQA A-level Paper 3.1 (nature of law: law and society).

It is a general principle of both criminal and civil law that liability is based on fault. This implies a sense of blameworthiness: a person is liable only if blame can be attached to that person’s actions.

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Evaluating the loss of control defence

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