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fault: legal responsibility for causing harm

4 types of fault:

+ strict liability: exists when a defendant is liable for committing an action, regardless of their intent or mental state when committing an action.

example: a dog bites the neighbor although the pet owner took precautions

+ negligence: the failure to exercise the level of care that a reasonable person would in similar circumstances, which results in harm to another.

example: a shop owner forgot to fix a loose light bulb, leading to it falling on the customer’s head

+ gross negligence: a severe form of negligence showing reckless disregard or a complete lack of concern for the safety and rights of others. It goes beyond ordinary carelessness.

example: a surgeon performing surgery while intoxicated

+ intentional torts: wrongful acts that are deliberately committed with the intent to cause harm

example: punching someone during an argument

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nho'm 4: Phúc Thịnh, Minh Triết, Diễm Quỳnh

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nho'm 4: Phúc Thịnh, Minh Triết, Diễm Quỳnh

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1.

In tort law, fault refers to the responsibility or blame assigned to an individual for causing harm or damage through negligent, intentional, or reckless actions

2&3.

Strict Liability: Liability without proof of negligence or intent. A person is responsible simply because the act or situation is inherently dangerous

ex: A company is held liable when its defective product injures a consumer, even if the company took precautions

Negligence: Failure to exercise reasonable care that a prudent person would under similar circumstances

ex: A driver runs a red light and causes a car accident

Gross Negligence: A severe form of negligence showing a reckless disregard for the safety or rights of others

ex: A hospital staff leaves a surgical instrument inside a patient’s body after surgery

Intentional Torts: Wrongful acts done on purpose to harm another person, such as assault or false imprisonment

ex: A person punches another person during an argument (battery)

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1. Fault, in the legal context, generally refers to the blameworthy conduct or failure to act in a manner expected of a reasonable person under similar circumstances

2.

Strict Liability: In some cases, fault is not based on negligence but on the act itself. Strict liability holds a party responsible for certain activities or products, regardless of whether they were negligent. It is often applied in cases involving defective products or hazardous materials.

Negligence: Negligence is a common form of fault in civil cases, particularly in tort law. It occurs when an individual or entity fails to exercise the standard of care that a reasonable person would under similar circumstances.

Gross negligence : A much more serious form of negligence, showing a reckless disregard for the safety or rights of others.

Intentional torts: This form of fault occurs when a party intentionally commits an act that harms another person or their property.

3.Strict Liability: A dog owner is responsible if their dog bites someone, even if the dog was always gentle and the owner was careful.

Negligence: supermarket leaves the floor wet without a warning sign, and a customer slips and gets injured.

Gross negligence: A bus driver speeds 100 km/h through a crowded residential area.

Intentional torts: An employee intentionally pushes a co-worker because of jealousy.

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1. Explain what “fault” means in the context of tort law.

- Fault means being legally responsible for causing harm to another person or their property through a wrongful act, either intentionally or carelessly. It is the basis for liability in tort law.

2. Inteoduce and describe the four types of fault:

Strict Liability: Liability without needing to prove fault (e.g., defective products)

Negligence: Failing to take reasonable care (e.g., causing an accident by breaking traffic rules)

Gross Negligence: A serious form of carelessness, much worse than ordinary negligence. (Not clearly defined in the text, but you can infer it as extreme negligence)

Intentional Torts: Deliberate actions that cause harm (e.g., assault, trespass)

3. Give at least one example for each type fault.

- Strict Liability: A company held liable for selling defective products

- Negligence: Causing a car crash by not following traffic rules

- Gross Negligence: A doctor performing surgery while intoxicated. (You can infer this based on knowledge, even if it’s not in the text)

- Intentional Torts: Punching someone (assault)

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Nguyễn Ý Vy, Phạm Nguyễn Thanh Thư, Ngô Phúc Khôi Nguyên, Nguyễn Vũ Thảo Vy, Đặng Nhựt Vy

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Nguyễn Ý Vy, Phạm Nguyễn Thanh Thư, Ngô Phúc Khôi Nguyên, Nguyễn Vũ Thảo Vy, Đặng Nhựt Vy

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1.

In tort law, fault means the legal responsibility of a person whose act or omission causes harm to another. It reflects the blameworthiness of their conduct.

2.

Strict Liability: Liability without proving negligence or intent.

Negligence: Failure to take reasonable care.

Gross Negligence: Serious carelessness or reckless disregard.

Intentional Torts: Deliberate acts causing harm.

3. Examples:

Strict Liability: A dog owner is liable if the dog bites someone.

Negligence: A shopkeeper forgets to clean a wet floor, and a customer slips.

Gross Negligence: A bus driver drives far over the speed limit and causes an accident.

Intentional Torts: Spreading false statements to damage someone’s reputation.

4. Importance of fault:

Fault is crucial because it determines whether a person should be held legally responsible for harm and the extent of that liability. By assessing fault, courts can distinguish between accidents, carelessness, and intentional misconduct. This ensures fairness, protects the rights of victims, and discourages harmful behavior in society.

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1. Meaning of “fault” in tort law

In tort law, “fault” refers to a failure to act with the standard of care or responsibility required by law, resulting in harm to another person. It indicates blameworthiness or responsibility for causing damage.

2,3. Four types of fault and examples

1. Strict Liability

- Liability without the need to prove negligence or intent.

- Example: A manufacturer is liable for selling a defective product that injures a consumer.

2. Negligence

- Failure to exercise reasonable care, leading to accidental harm.

- Example: A driver causes an accident by failing to obey traffic rules.

3. Gross Negligence

- A severe form of negligence showing reckless disregard for the safety of others.

- Example: A doctor performing surgery while intoxicated.

4. Intentional Torts

- Wrongful acts committed deliberately to cause harm.

- Example: Assault or battery during a fight.

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1. In tort law, fault refers to legal responsibility for causing harm to another person, either intentionally or through carelessness. It means that the person who committed the wrongful act is considered legally liable for the damage caused to the victim. Fault is an essential element in most tort cases because it determines whether the defendant should compensate the claimant.

TYPES (2&3)

1. Strict Liability: when a person or company is held responsible for harm regardless of intent or negligence. The injured party does not need to prove fault. Example: A manufacturer produces a defective product that injures a consumer.

2. Negligence: when a person fails to exercise reasonable care, resulting in harm to others. Example: A driver fails to stop at a red light and causes an accident.

3. Gross negligence is a severe lack of care, showing reckless disregard for the safety of others. Example: A doctor performs surgery while intoxicated.

4. Intentional Torts: when a person deliberately causes harm to another. Example: Punching someone in a fight (assault and battery). A person spreads false information to damage someone’s reputation (defamation).

4.Why fault is important in determining legal responsibility. Fault is important because it establishes who should be held legally responsible for harm. By identifying fault, the law ensures that the person who caused the injury, whether through carelessness, recklessness, or intention, must compensate the victim. This promotes fairness and encourages individuals and businesses to act responsibly, preventing future harm.

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Fault is legal responsibility for wrongful acts.

4 Types of fault:

- Strict liability: means a person (or company) is legally responsible for harm even if they were not negligent and had no intent to cause harm.

Ex: If a manufacturer sells a defective product that injures a consumer, the manufacturer is strictly liable.

- Negligence: a failure to exercise the care that a reasonably careful person would exercise in the same circumstances.

Ex: A supermarket not cleaning up a spill for hours, and a customer slips.

- Gross negligence: a very serious form of carelessness — showing a reckless disregard for the safety, lives, or rights of others.

Ex: A bus driver speeds 120 km/h through a crowded residential area.

- Intentional torts: when a person deliberately engages in conduct that causes harm to another person.

Ex: Spreading false rumors that ruin someone’s career.

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1. Fault: means a person is legally blameworthy for causing harm—either by carelessness (negligence), recklessness, or intentional misconduct.

2.

- Strict liability in law means legal responsibility without needing to prove fault, negligence, or intent.

- Negligence means failure to take reasonable care, which causes harm to another person.

- Gross negligence: A more serious form of negligence showing extreme disregard for safety and care, bordering on recklessness.

- Intentional tort: Wrongful acts done deliberately to harm another person.

3. Examples:

- Strict ability: A zoo keeps a tiger in an enclosure. Even if the zoo takes every precaution, if the tiger escapes and injures someone, the zoo is liable.

- Negligence: A supermarket not cleaning up a spill for hours, and a customer slips.

- Gross negligence: A surgeon performing an operation while intoxicated and leaves surgical tools inside the patient.

- Intentional torts: A person punches another person during an argument.

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1. Strict liability in tort law means:

A person or company must pay for harm they caused, even if they weren’t careless or intentional. The victim only needs to show that the activity or product caused the damage.

Example: Wild animals: If you keep a tiger and it escapes and injures someone, you must pay, even if you locked it carefully.

2. Negligence = Carelessness

You are responsible because you didn’t act carefully enough.

Example: You drive while texting → cause an accident → you pay.

3. Gross Negligence

Gross negligence = extreme carelessness.

It’s more serious than ordinary negligence, it means the person showed a very high level of disregard for the safety of others.

Example: A doctor performs surgery while drunk → gross negligence.

4. Intentional Torts = Harm on purpose

Example:

- Assault → threaten to hit someone

- Battery → actually hit them

- False imprisonment → lock someone in a room

- Trespass → go on someone’s land without permission

- Conversion → take or destroy someone’s stuff

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Group 5: Nguyễn Xuân Phúc, Lê Đức Minh Quân, Huỳnh Nguyễn Thiện Tùng

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Group 5: Nguyễn Xuân Phúc, Lê Đức Minh Quân, Huỳnh Nguyễn Thiện Tùng

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1. Meaning of fault:In tort law, the fault is a negligent or intentional failure to act in a reasonable manner or according to law and duty.

2. The four type of fault:

- Strict Liability: is the type of liability which does not depend on actual negligence or intend to harm.

- Negligence: it is the failure to behave with the level of care a reasonable person would exercise under the same circumstance

- Gross negligence: is a heightened degree of negligence representing an extreme departure from the ordinary standard of care.

- Intentional Torts: is a type of tort that can only result from an intentional act.

3. The example:

-Strict Liability: defective products, abnormally dangerous activities.

-Negligence: car accidents cause by distracted driving.

-Gross Negligence: speeding your car through an area with a lot of pedestrian traffic.

- Intentional Torts: battery, assault, false imprisonment.

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Quỳnh Trâm, Đỗ Thư

1. In tort law, fault refers to the responsibility or blameworthiness of a person whose conduct has caused harm to another.

2

- Strict Liability: Strict liability is a legal doctrine where a person (or company) is held legally responsible for damages or injuries

- Negligence: Failing to take reasonable care that a prudent person would exercise in similar circumstances.

- Gross negligence: A severe or extreme form of negligence showing a reckless disregard for the safety or rights of others.

- Intentional Torts: When harm is caused deliberately

3

- Strict Liability: A company stores toxic chemicals. Even though they take every possible safety measure, a leak occurs and harms nearby residents

- Negligence: A doctor forgets to wash their hands before surgery, causing an infection in the patient

-Gross negligence: A theme park ignores repeated warnings that a roller coaster has serious mechanical problems, and it derails, injuring passengers

-Intentional Torts: A person punches another during an argument

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Dương Thị Mỹ Tâm, Nguyễn Đỗ Quỳnh Như, Từ Ngọc Minh Tuệ

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Dương Thị Mỹ Tâm, Nguyễn Đỗ Quỳnh Như, Từ Ngọc Minh Tuệ

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1. What 'fault' means in the context of tort law

In tort law, "fault" refers to the legal blameworthiness or liability for wrongdoing. Fault simply means being legally responsible for causing harm to someone else.

2. Types of fault

- Strict Liability: This is when you're responsible for an action just because you did it, even if you were as careful as possible. It usually applies to things that are super risky.

Example: Using explosives or owning a wild animal.

- Negligence: This is the most common one. It means you were careless. You didn't intend to cause harm, but you failed to act the way a "reasonable person" would have, and that carelessness led to someone getting hurt.

Example: A driver accidentally hitting a pedestrian because they were texting while driving.

- Gross Negligence: A severe form of negligence showing reckless disregard for the safety or rights of others, going beyond simple carelessness.

Example: A doctor performing surgery while intoxicated, resulting in serious harm to the patient.

- Intentional Torts: Wrongful acts done deliberately to cause harm to another person, such as assault, battery, or false imprisonment.

Example: Someone punching another person during an argument (battery).

Fault is important because it determines who should bear responsibility for harm caused and ensures justice by holding wrongdoers accountable. It also helps allocate compensation fairly to victims and deters harmful behavior by imposing consequences for careless or intentional misconduct.

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1) Fault: responsibility of a wrong doing, a harmful conduct.

2)

Strict liability: holds a person or an entity responsible for harm caused by their actions or products even if they weren't negligent or intend to cause harm.

Negligence: recklessness, the lack of carefulness in a person or an entity's actions.

Gross negligence: negligence on a severe degree, that involves conscious and voluntary disregard for the safety or rights of others.

3)

A couple fought and shattered their window, injuring a passerby.

Kindergarten staff is distracted by their phone, resulting in a kid falling from a chair, injuring itself.

Surgeon forgetting instrument in patient's internal organ.

Writing a bashful article about a famous actor.

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1. Meaning of Fault

In law, fault refers to a person’s responsibility or blameworthiness for causing harm, loss, or injury. It is the idea that someone can be held legally accountable when their actions (or failure to act) fall below the expected standard of care.

2. Types of Fault

There are several types, depending on the legal system (civil, criminal, tort law). The main ones are:

Negligence → Carelessness or failure to take reasonable care (e.g., driving too fast in rain).

Intentional Fault → Deliberate actions to cause harm (e.g., assault, fraud).

Strict Liability (No-fault) → Responsibility even without negligence or intent, often in dangerous activities or defective products.

Recklessness → Knowing the risk but ignoring it (e.g., drunk driving).

3. Examples

Negligence: A doctor makes a careless mistake during surgery → patient harmed.

Intentional Fault: Someone punches another person in a fight → injury.

Strict Liability: A company sells a defective phone battery that explodes → liable even if no intent.

Recklessness: A driver races through a crowded street knowing the risk.