Also known as: faults · faulted · faulting · culpability · blame
Written by attorneys · grounded in primary & secondary sources — see below
A deviation from a required standard of conduct or prudence that results in harm or legal liability. The concept measures blameworthiness by reference to the actor's knowledge, intent, or negligence at the time of the relevant act or omission.
During closing argument Finn Fletcher alluded to a prior unrelated arrest of the opposing party that he knew would not be admitted into evidence. The tribunal found that the reference violated the prohibition on alluding to matters the lawyer does not reasonably believe will be supported by admissible evidence. The lawyer's conduct constituted fault that exposed him to professional discipline.
Felicity French sold land to Fabian Flynn after learning that a survey error understated the acreage by twenty percent. Flynn later discovered the discrepancy and sought to avoid the contract. Because French had reason to know of the mistake and her silence caused it, the court held that her fault prevented enforcement of the agreement against Flynn.
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Frank Fisher leased an apartment to Fiona Foster for residential use. On the date possession was to begin the unit lacked running water because of a pipe burst that Fisher had ignored for weeks. Because the property was unsuitable for residential use without any fault by Foster, she could terminate the lease before taking possession.
An officer obtained a warrant based on a typographical error in the address and searched the wrong home. The homeowner moved to suppress the evidence. Because the officer's isolated negligence did not demonstrate the level of culpability that would justify exclusion, the court declined to apply the exclusionary rule.
Fatima Flores asked an undercover officer to sell her narcotics, believing the officer was a dealer. The transaction could never have occurred because the officer was not actually selling drugs. Factual impossibility provided no defense because Flores's culpability was measured by the circumstances as she believed them to be.
Foster Forge's plant manager directed an employee to dump waste into a river knowing the discharge would pollute the waterway. The manager was charged as an accomplice to the environmental crime. Because the manager acted with the culpability required for the result element of the offense, he was liable as an accomplice even though he did not personally perform the dumping.
A mistaken party may avoid the contract unless the other party had reason to know of the mistake or the mistaken party's own fault caused the mistake. Fault that amounts only to failure to discover facts does not bar avoidance unless it also violates good faith and reasonable standards of fair dealing.
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A landlord breaches the obligation to deliver suitable residential property if the premises are unsuitable on the date the tenant is entitled to possession and the unsuitability occurs without fault of the tenant. The tenant may then terminate the lease or affirm it and obtain appropriate relief.
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Application of the exclusionary rule turns on a balancing of its deterrent purpose against social costs. Exclusion is not automatic. It is limited when police misconduct is isolated or merely negligent rather than deliberate or reckless.
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Factual impossibility is not a defense to solicitation. The solicitor's culpability is measured by the circumstances as the solicitor believed them to be, even if the solicited crime could not actually have been completed.
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…an unrequited desire for women. The officers are instructed to minimize the moral seriousness of the offense,[^maj-12] to cast blame on the victim or on society.[^maj-13] These tactics are designed to put the subject in a psychological state where his story is but an elaboration of what the police purport to know…