Concepts Flashcards
Requirements of negligence
Duty, breach, causation
When is a duty of care owed to secondary victims?
Appropriate relationship
Physical and in time proximity
Method of shock
Types of economic loss
Derivative
Primary
Secondary
Obligations of an occupier
s2 Occupiers Liability (Scotland) Act Responsibilities in terms of dangers
Anything done upon the premises.
Personality rights
Body
Honour
Reputation
Bodily integrity
Sexual abuse
Sports participants
Medical procedures
Absolute privilege
Statement can’t incur liability under the law of defamation
(Scottish Parliament: Scotland Act 1998)
Qualified privilege
Can only be brought if the pursuer can show malice.
‘must show that the defender abused the privileged occasion and intended to injure the pursuer’ - Frazer v Mirza
Body
Sexual abuse
Sports participants
Medical procedures
Breach of confidence limiting principles
Only applies to info to info that is confidential.
Does not apply to useless info or trivia.
Laws protecting may be outweighed by public interest in disclosure.
Defences to dignity interests
Consent
Contributory negligence
Illegality
Necessity
Remedies of dignity interests
Declarator
Interdict
Damages
‘Thin skull rule’
If claimant has an existing weakness they cannot be considered when determining liability.
Dignity interests - ECHR
‘Everyone has the right to liberty and security go person’
Defamation - Thomson
‘When A makes a false statement about B with intention of harming Bs honour’