Fault

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.

Leo. EUm. § 783.

In legal literature it Is the equivalent of “negligence.” An error or defect of judgment or conduct; any deviation from prudence, rectitude, or duty; any shortcoming or neglect of care or performance resulting from inattention, incapacity, or perversity; a wrong tendency, course, or act Louisville, 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 facta seem hardly consistent with an honest Intention. But there may be a gross fault without fraud; 2 Stra. 1099; Story, Bailm. § 18; Toullier, 1.

3, t 3, § 231.

Ordinary fault consists 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, Ohsei'vation g6nerale sur le prdeddent TraitS et sur le$ auivants, printed at the end of his Traits de$ Obligations, where he cites Accussus, 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, Droit Civil Francois, llv. 3, tit. 3, { 231.

These principles established, different rules have been made as to the responsibilities of parties for their faults in relation to their contracts. They have been reduced to three. See Bailment; Dolus; Negugence. See 2 Sto. Bailm. 24, for a discussion of the definition and classification of fault from Ayliffe, Pand.