What is fault?

Fault (also known as offence) is a legal concept that implies negligent, reckless or careless conduct (an action or omission) that causes harm or harm to another person.

Unlike fraud, guilt does not imply a malicious intent to cause harm, but is based on a lack of care or attention.

Therefore, there is fault when the harmful result was foreseeable and avoidable, and the author did not act with due diligence to avoid it.

For example, Martina is the owner of a grocery store and one day she leaves a large box of fruit right in the middle of the aisle without putting up any warning signs. Guille, a customer who is distracted looking at his phone while walking through the store, trips over the fruit crate and falls to the ground, sustaining injuries in the process.

In this example, fault is evidenced because:

1. Lack of care: Martina did not take the necessary precautions to ensure her store was safe for customers. Leaving the fruit box in the middle of the aisle without warning customers represents a lack of reasonable care or attention.
2. Harmful Result: As a result of Maria’s lack of care, Guille suffered injuries when he tripped and fell due to the fruit box.

Related concepts

• Mens rea
• Vices of consent
• Error
• Violence
• Intimidation