fault

law

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Last updated

June 26, 2026

Quick Summary

In legal contexts, "fault" refers to responsibility for wrongdoing or failure. It can also describe a defect or imperfection in character, accuracy, or appearance. In common law and many other legal systems, tort law deals with harmful behavior that is independent of contracts. This includes actions that cause harm to a person's body, possessions, land, economic interests, honor, reputation, or privacy.123

Historically, tortious liability was based on the concept of fault, meaning a person should compensate for harm caused by their blameworthy actions. However, dissatisfaction with this system grew due to increasing industrial accidents and the desire to compensate victims, leading to concepts like vicarious liability and strict liability. While "libel" refers to defamatory statements published in writing, "liable" means being legally responsible for something.45

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tort
Liability without fault
Whatever the original foundations of tortious liability, by the 19th century it had come to rest firmly upon the notion of fault. The principle that a human being should make good the harm caused by his fault seemed eminently…
Read More
Whatever the original foundations of tortious liability, by the 19th century it had come to rest firmly upon the notion of fault. The principle that a human being should make good the harm caused by his fault seemed eminently…
Read More