Breach of Statutory Duty and Occupier's Liability

Question 1

Impact of Delict on Statutory duties

Answer 1

Provides model for enforcement. Equality Act 2010, go to court for compensation if breached. Serves as a supplement to statutory duties. If no mode of enforcement then one in civil law Dawson & Co v Bingley Urban District Council - Fire plugs, but then got compensation
If provides specific enforcement, no need to fall back onto delict
Morrison Sports Ltd and Others v Scottish Power plc - Although there is criminal liability, also no impact upon potential civil litigation either

Question 2

Impact of Statutory Duties on Delict

Answer 2

Tends to be in order to clarify or rectify law in certain respects, reversing an undesired trend or readjusting framework of liability

Question 3

Occupier’s Liability

Answer 3

Arises from Ownership of property, harm done to those who enter the property. Push to establish different rule to English one - Dumbreck v Addie & Sons - May be on property if invited by occupier, or has a license then liable, but if a trespasser then owner isn’t liable (English position)

Question 4

Occupier’s Liability (Scotland) Act 1960

Answer 4

Person who has control of the premise (Feely v Co-Op Ltd) Wasn’t maintained council bought day after accident, ownership hadn’t transferred
People are protected in light of dangers which are due to state of the premise and are in light of the law responsible to fix. It is the state of the property then what the owner didn’t do that is then looked at.
Standard of Care? Reasonableness test, positive duty to take steps but they don’t have to, must prove owner fell short. Wallace v City of Glasgow District Council - Hole, council did’t know so couldn’t get compensation
Wilkinson v Hjaltland Housing Association - Told and didn’t fix so liable
Risk Calculus - Reacting reasonably to danger? McGuffie v Forth Valley Health Board - Snow + fall, reasonable time to react? Porter v Strathclyde Regional Council - Kids food on floor, fell, held liable
Feature of Victim - M’Glone v British Railways Board - 3 ways to get in and sign other way. Titichencer v British Railways Board - Should have known dangers
Exclude people from the premise? Just because foreseeable does not mean should be excluded
Obvious Danger? Tomlinson v Congleton Borough Council (Natural lake formed) Leonard v Loch Lomond and the Trossachs National Park Authority
Defences - CN, and Volenti can be used
No duty to improve the property - Scott v Glasgow City Council