Subjective Fault vs Objective Fault in Tort Law
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Questions and Answers

What concept in tort law focuses on describing an action as if it was performed by a reasonable person with normal mental faculties and insight?

  • Responsibility presumption
  • Intentionality
  • Subjective fault
  • Objective fault (correct)
  • In cases of temporary mental disturbance in tort law, who is responsible for decisions made under unreliable judgment due to drug or alcohol influence?

  • The hypothetical reasonable actor
  • The legal system
  • The reasonable person
  • The actor (correct)
  • What allows some legal systems to absolve an actor of liability due to the absence of subjective fault?

  • Objective fault principle
  • The divergence between the real actor and the fictive reasonable person
  • Reduced accountability state
  • Temporary mental disturbance (correct)
  • Which scenario would lead to a focus on subjective fault in tort law?

    <p>A large divergence between the real actor and the fictive reasonable person</p> Signup and view all the answers

    In tort law, who is presumed responsible for their actions based on subjective fault?

    <p>A person who consciously decides to act in a certain way</p> Signup and view all the answers

    When does subjective fault come into question in tort law?

    <p>In cases of temporary mental disturbance and unconsciousness</p> Signup and view all the answers

    What standard of behavior does English law expect from children?

    <p>To act as an ordinarily prudent and responsible child of their age</p> Signup and view all the answers

    At what age category are children not liable at all according to Article 8 to 8 BJB?

    <p>0 to 6 years old</p> Signup and view all the answers

    What happens to children in the second category according to Article 8 to 8 BJB in accidents involving motorized vehicles?

    <p>They are not liable at all</p> Signup and view all the answers

    How does the law tend to treat children and persons of unsound mind regarding accountability?

    <p>Use a lower standard of accountability for them</p> Signup and view all the answers

    In which age category are children who did not have the required insight for recognition of responsibility excluded from liability?

    <p>10 to 18 years old</p> Signup and view all the answers

    Study Notes

    • In tort law, the focus is usually on objective fault, where actions are judged based on how a reasonable person with normal mental faculties would act.
    • Subjective fault comes into play when there is a significant difference between the actual actor and the reasonable person, leading to a different approach in assessing responsibility.
    • Subjective fault questions whether the person consciously decided to act in a certain way and if it's fair to hold them responsible for unforeseen consequences.
    • Cases of subjective fault often involve temporary mental disturbances, unconsciousness due to medical reasons, or impaired judgment from drugs or alcohol.
    • Legal systems may offer different standards of accountability for individuals with diminished mental capabilities, such as children and persons of unsound mind under guardianship.

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    Description

    Explore the concepts of subjective fault and objective fault in tort law. Learn how actions are assessed based on the standards of a reasonable person with normal mental faculties. Understand the implications of wrongful behavior in a legal context.

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