Case Specific Questions Flashcards
What does S.L.T (Sh. Ct.) mean?
Scots Law Times (Sheriff Court)
How many sheriffdoms are there?
6, with 39 Sheriff Courts in all, as the sheriffdoms are split into districts
Grampian, Highlands and Islands
What is a proof before answer?
A hearing on both factual and legal issues. It’s appropriate where the court needs to hear the evidence before addressing the legal issue.
What does prima facie mean?
The apparent nature of something upon initial observation
What were the actions against the defenders?
- An action of damages against the Actioneers for negligence on the ground that they had not secured sufficiently the exits from the mart
- An action for damages against the farmer for negligence on the ground that he knew of the cow’s vicious propensity and failed to warn the auctioneers. Plus servants.
What is the ratio
No liability for a consequence of negligence which was not natural and probable in the sense of being foreseeable, subject to the qualification that a negligent person takes the risk that his victim may be in poor health.
Who questioned the relevancy of the case?
The auctioneers and not the farmer.
What did the auctioneers say about the farmer?
That he didn’t warn them so no claim of duty on their part.
