fault

Where fault is shown on the part of the damaging vessel, it is incumbent on her to show that such fault had in no degree the relation of cause and effect to the accident

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; Tou Uier, 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 Obligain 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.

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.

In the civil law. Negligence; want of care. An improper act or omission, injurious to another, and transpiring through negligence, rashness or ignoranco. There are in law three degrees of faults,— the gross, the slight, and the very slight fault. The gross fault is that which proceeds from inexcusable negligence or ignorance; it ls considered as nearly equal to fraud. The slight fault is that want of care which a prudent man usually takes of his business. The very slight fault is that which is excusable, and for which no responsibility is incurred. Civil Code La. art. 3556, par. 13.

In American law. Negligence; an error or defect of judgment or of conduct; any deviation from prudence, duty, or rectitude; any shortcoming or neglect of care or performance resulting from inattention, incapacity, or perversity; a wrong tendency, course, or act. Railroad Co. v. Berry, 2 Ind. App. 427, 28 N. E. 714; Railway Co. v. Austin, 104 Ga. 614, 30 S. E. 770; School Dist. v. Boston, H. & E. R. Co., 102 Mass. 553, 3 Am. Rep. 502; Dorr v. Harkness, 49 N. J. Law, 571, 10 Atl. 400, 60 Am. Rep. 656.

In commercial law. Defect; imperfection; blemish. See With All Faults. In mining law. A dislocation of strata; particularly, a severance of the continuity of a vein or lode by the dislocation of a portion of it.

Inthe civil law. Negligence; wat of care, An improper act or omission, injurious to another, and transpiring through negligence, rashness, or ignorance. There are in law three degrees of faults,— the gross, the slight, and the very slight fault. The gross faultis that which proceeds FAVORES AMPLIANDI SUNT Slight fault is that want of care which a prudent man usually takes of his business. The very slight fault is that which is excusable, and for whieh no responsibility is incurred, Civil Code La. art. 3556, par. 13.

See Culpa,