Also known as: without-fault · no fault · no-fault
Written by attorneys · grounded in primary & secondary sources — see below
Absence of culpability or blame on the part of a party for an event or condition that affects legal rights or obligations. The condition excuses performance, limits liability, or preserves remedies when the party neither caused nor could reasonably have prevented the circumstance.
Wesley Wells signed a lease for an apartment that the parties intended for residential use. On the day he was to take possession, a burst pipe left the unit flooded and uninhabitable. Wesley had done nothing to cause the damage. Because the property was unsuitable without fault on his part, he may terminate the lease and recover damages.
Winston Ward contracted to buy a specific vintage car identified at the time of sale. Before risk of loss passed, a fire destroyed the car through no act of either party. Winston may treat the contract as avoided because the casualty occurred without fault of either party.
Select any source to read its text and confirm it supports the definition.
Willow Walker, a private citizen, sued a newspaper for a false story about her business dealings. She proved the statement was false and caused harm but did not show actual malice. Because states may not impose liability without fault on the publisher, Willow must establish at least negligence to recover.
Winston West leased commercial space for a retail store. After the lease was signed but before possession, a city ordinance rezoned the building and barred retail use. The change occurred without fault by Winston. He may terminate the lease before entry.
Wendy Wu agreed to ship goods by a specific carrier that later became unavailable due to an unforeseen strike. A commercially reasonable substitute carrier existed. Without fault by either party, Wendy must tender and the buyer must accept performance by the substitute carrier.
Willow West took possession of an apartment. Weeks later a storm caused roof damage that the landlord failed to fix within a reasonable time after notice. The resulting condition made the unit unsuitable. Because the change occurred without fault by Willow, she may terminate the lease.
Yes. When goods identified at contracting suffer total casualty without fault of either party before risk passes, the contract is avoided. The buyer may also accept partial goods with an allowance for deterioration.
Supporting sources
A tenant may terminate before entry if the property is unsuitable for the contemplated residential use on the date possession is due, or if a post-lease change renders it unsuitable, provided the tenant is without fault. After entry the tenant may terminate if the landlord fails to correct a landlord-caused or sudden non-manmade condition within a reasonable time.
Supporting sources
States may not impose liability without fault. A private plaintiff must prove at least negligence to recover actual damages and must prove actual malice to recover presumed or punitive damages.
Supporting sources
No. When an agreed carrier or facility becomes unavailable without fault and a commercially reasonable substitute exists, the substitute performance must be tendered and accepted.
Supporting sources
…determining if he lived or died. The Court today holds that Warren McCleskey's sentence was constitutionally imposed. It finds no fault in a system in which lawyers must tell their clients that race casts a large shadow on the capital sentencing process. The Court arrives at this conclusion by stating that the Baldus study…