Fault and liability in tort law

Examining the concept of fault in tort law to assist your preparation for evaluation of this topic, with a focus on fault-based and non-fault-based liability

Dee Morse

Where reasonable precautions have been put in place, the occupier will not be at fault, as shown in Cotton v Derbyshire Dales DC (1994)

This article is particularly relevant to AQA Paper 2 (Q9) but may be useful for OCR Components 2 and 3, and Eduqas/WJEC Component/Unit 2.

Conceptual questions in tort law focus on the aim of the law in achieving justice and fairness. Therefore, in legal terms, the purpose of fault is to establish blameworthiness by ensuring that an individual is held accountable for their actions. In answering an exam question on this topic, it is important to firstly define the term ‘fault’. It reflects the wrongdoing of the individual by enforcing legal responsibility. Where fault is required in tort law, it must be established on the balance of probabilities.