Fault
Legal Definition and Related Resources of Fault
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Fault
negligence , an error or defect of judgment or conduct; any deviation from prudence or duty; any shortcoming or neglect t of care or performance resulting from inattention, incapacity or perversity.
Fault Alternative Definition
An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another. Lee. Elm. § 783. See "Dolus;" "Negligence;" 1 Miles (Pa.) 40. Gross fault or neglect consists in not observing that care towards others which a man the least attentive usually takes of his own affairs. Such fault may, in some cases, afford a presumption of fraud, and in very gross cases it approaches so near as to be almost undistinguishable from it, especially when the facts seem hardly consistent with an honest intention. But there may be a gross fault without fraud. 2 Strange, 1099; Story, Bailm. §§ 18-22; TouUier, Dr. Civ. lib. 3, tit. 3, § 231. Ordinary faults consist in the omission of that care which mankind generally pay to their own concerns; that is, the want of ordinary diligence. A slight fault consists in the want of that care which very attentive persons take of their own affairs. This fault assimilates itself to, and in some cases is scarcely distinguishable from, mere accident or want of foresight. This division has been adopted by common lawyers from the civil law. Although the civilians generally agree in this division, yet they are not without a difference of opinion. See Pothier, Observation generale sur le precedent Traite, et sur les suivants, printed at the end of his Traite des Obligations, where he cites Accurse, Alciat, Cujas, Duaren, D'Avezan, Vinnius, and Heineccius in support of this division. On the other side the reader is referred to Thomasius, tom. 2, Dissertationem, page 1006; Le Brun, cited by Jones, Bailm. 27; and Toullier, Dr. Civ. liv. 3, tit. 3, § 231. In Maritime Law. "Fault" is the technical term for negligence, particularly that contributing to a collision of vessels. In the Law of Sale. Defects, of any kind. 29 N. H. 343; 12 Ired. (N. C.) 49.
Synonyms of Fault
(Mistake), noun
aberration
blunder
bungling
erratum
error
error of judgment
failing
false step
flaw
impropriety
inaccuracy
miscalculation
misjudgment
misstep
misunderstanding
omission
oversight
slip foreign phrases: Imperitia culpae adnumeratur
Unskillfulness is considered as negligence
Quod quis ex culpa sua damnum sentit non intettigitur damnum sentire
He who suffers a damage by his own fault is not considered to have suffered damage
Culpa tenet suos auctores
A fault binds its own authors
Magnanegligentia culpa est; magna culpa dolus est
Gross negligence is fault; gross fault is equivalent to a fraud
(Responsibility), noun
accountability
answerability
blame
cause for blame
culpa
culpability
delictum
delinquency
dereliction
liability
malefaction
misbehavior
misconduct
misdeed
misfeasance
negligence
peccatum
transgression Associated Concepts: comparative fault
contributory fault
contributory negligence
gross fault
with all faults
without faultforeign phrases: Culpa est immiscerese reladse non pertinenti
A person is at fault who intermeddles in matters not concerning him
Ejus nulla culpa est
cuiparere necesse sit
No guilt attaches to a person who is compelled to obey
In pari delicto potior est conditio possidentis
idefendentis
i Where the parties are equally guilty of wrongdoing
the defendant holds the stronger position
(Weakness), noun
debility
defect
deficiency
delicacy
devitalization
drawback
emasculation
failing
feebleness
flaw
foible
frailty
impairment
imperfection
impotence
impuissance
inadequacy
incapacity
infirmity
instability
insufficiency
lack of strength
loss of strength
powerlessness
shortcoming
vitiation
vulnerable point
weak point
verb
accusare
accuse
admonish
animadvert
attack
berate
blame
bring into discredit
cast a slur upon
cast blame upon
castigate
censure
charge
chastise
chide
condemn
criticize
culpare
declaim against
decry
denigrate
denounce
deprecate
depreciate
disapprove
discommend
discountenance
disparage
dispraise
dress down
hold to blame
impeach
impugn
impute
remonstrate
reprehend
reprimand
reprove
scold
take to task
upbraid
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Fault in Historical Law
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Related Legal Terms
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Mentioned in these terms
Assumption Of Risk, Common Employment, Comparative Negligence, Contributory Negligence, , Duplicity, Exculpate, Exonerate, Imputation, Major And Minor Fault Rule, Neglect, Pennsylvania Rule, True Man D octrine.
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This definition of Fault is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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Fault is a negligent or intentional failure to act reasonably or according to law or duty. It is an improper act or omission causing injury to another.
Fault is a negligent or intentional failure to act reasonably or according to law or duty. It is an improper act or omission causing injury to another.
Fault