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Essay / Research Paper Abstract
This 9 page paper looks at the legal concept of fault, and how it is in most instances of tort when assessing whether or not there will be a liability for compensation. The requirements for fault are considered as well as the criticisms leveled at the concept by Atiyah (1980). The paper is written with specific reference to English law. The bibliography cites nine sources.
Page Count:
9 pages (~225 words per page)
File: TS65_TEfault1.doc
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Unformatted sample text from the term paper:
will be paid if the loss is due to the fault of another, but where there is a loss that is not the result of fault there will be no
need to pay compensation (Atiyah, 1980). This approach is seen widely in many jurisdictions; from Australia to France and from the UK to the US (Tunc, 1975). Professor Stone argues
that this approach has become deeply embedded in society and has generally be perceived as a fair way of dealing with losses, but also questions the way in which
this is evolving in line with modern developments such as insurance as well as the way in which fault is defined (Tunc, 1975; Stone, 1952). Atiyah was also highly
critical of the fault principle that is so dominant in tort law, questioning issues such as the assumed mortality of the requirement and assessment of the way fault is assessed
and blame attributed (Atiyah and Crane, 2006). To look at the fault concept and the way it may be used, assessing its use as well as its weaknesses and
potential areas were improvement may need to be considered it is necessary first to look at what the fault principle, examining what it is and how it is used in
order to provide a basis on assessing its weaknesses and faults. The concept of fault is based on the idea that the defendant must have committed the relevant act,
or the relevant emission, and that act or omission has led to the damage or loss which has been suffered by the plaintiff (Elliott and Quinn, 2009). Effectively, the principle
is one that stays an individual or party should have behaved in a different manner (Atiyah and Crane, 2006). There are three main sources of fault; these are negligence, intention
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