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7 - An Appraisal of the Fault Principle

from Part II - The Tort System in Theory

Published online by Cambridge University Press:  24 August 2018

Peter Cane
Affiliation:
Australian National University, Canberra
James Goudkamp
Affiliation:
University of Oxford
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Summary

The fault principle has traditionally been understood as a principle of morality, which can justify not only the imposition of liability for death and personal injury but also the notion that the award of compensation should fully repair losses suffered. But, in moral terms, the fault principle is vulnerable to several objections. It can also be attacked on social and practical grounds. This chapter considers various arguments that might be made against the fault principle as a basis for the payment of compensation to victims of personal injuries by those who inflict them.
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Publisher: Cambridge University Press
Print publication year: 2018

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