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The role of judges

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Common law and equity today

Fault

Sally Russell provides an in-depth analysis of the issue of fault as it relates to both criminal and civil law

Figure 1 Summary of fault

Fault implies a sense of blameworthiness. In criminal law this is seen in the mens rea of a crime, and in civil law as breach of duty or unreasonableness.

Whether discussing criminal or civil law, you will usually need to consider the following:

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Previous

The role of judges

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Common law and equity today

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