1 - Tort - 3rd parties

Question 1

What is the general rule for DoC for the acts of 3rd parties?

Answer 1

No liability imposed on someone for failure to prevent a 3rd party from causing harm

Question 2

What exceptions are there for general rule for DoC for the acts of 3rd parties?

Answer 2

• Sufficient proximity between D & C 👯
• Sufficient proximity between D & 3rd party👯
• D created danger🔥🤭
• Risk on D’s premises 🏡

Question 3

What cases cover proximity?

Answer 3

• Decorator owed duty of care to lock claimant’s property when leaving, owed DoC when burglars got in🖌️✅
• Borstol boys nicked and damaged a boat - had a a history of escape and only escape was by boat🛶✅
• Details of police informer stolen from police car and harassed causing psychiatric harm👮✅
• No proximity between Police and potential victims of Yorkshire ripper🔪❌
• Glasgow city council not responsible for failure to evict a murderous neighbour as no assumption of DoC.🏴󠁧󠁢󠁳󠁣󠁴󠁿😡🔪❌

Question 4

What cases cover defendant created the risk?

Answer 4

• decorator who left the door open created the danger🖌️✅
• vandals set fire to cinema causing damage to neighbour - no DoC as did not know of the break in, nor was foreseeable.🎥🔥❌