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Using Fault Or Blameworthy Conduct To Assess Liability Under Tort Law: |
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Answer» Circumstances can often make it hard to establish who was at fault, and it would be UNFAIR to leave a VICTIM UNCOMPENSATED just because of this. THUS, while fault is one consideration in assigning liability, it is not the only basis. Fault is a less onerous standard than strict liability. Basing liability on fault would make people more careful since they would have to pay the consequences for being CARELESS, but that would be a desirable result. Circumstances can often make it hard to establish who was at fault, and it would be unfair to leave a victim uncompensated just because of this. Thus, while fault is one consideration in assigning liability, it is not the only basis. Fault is a less onerous standard than strict liability. Basing liability on fault would make people more careful since they would have to pay the consequences for being careless, but that would be a desirable result. |
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