Fault (legal)

Fault (legal)

Fault, as a legal term, refers to legal blameworthiness and responsibility in each area of law. It refers to both the actus reus and the mental state of the defendant. The basic principle is that a defendant should be able to contemplate the harm that his actions may cause, and therefore should aim to avoid such actions. Different forms of liability employ different notions of fault, in some there is no need to prove fault.

Fault is an essential element in law. For instance, in family law, in order for a divorce petition to succeed the courts have to see some form of fault from one of the parties. In the case of adultery, this act would be committed by one party member which would be grounds for the other party to file for divorce. In this case the party accused of adultery would be at fault.

In criminal law, the mens rea is used to decide if the defendant has criminal intent when he commits the act and, if so, he is therefore liable for the crime. However, this is not necessary for strict liability offences, where no state of mind is required.