Concepts Flashcards

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1
Q

Requirements of negligence

A

Duty, breach, causation

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2
Q

When is a duty of care owed to secondary victims?

A

Appropriate relationship
Physical and in time proximity
Method of shock

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3
Q

Types of economic loss

A

Derivative
Primary
Secondary

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4
Q

Obligations of an occupier

A

s2 Occupiers Liability (Scotland) Act Responsibilities in terms of dangers

Anything done upon the premises.

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5
Q

Personality rights

A

Body
Honour
Reputation

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6
Q

Bodily integrity

A

Sexual abuse
Sports participants
Medical procedures

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7
Q

Absolute privilege

A

Statement can’t incur liability under the law of defamation
(Scottish Parliament: Scotland Act 1998)

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8
Q

Qualified privilege

A

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

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9
Q

Body

A

Sexual abuse
Sports participants
Medical procedures

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10
Q

Breach of confidence limiting principles

A

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.

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11
Q

Defences to dignity interests

A

Consent
Contributory negligence
Illegality
Necessity

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12
Q

Remedies of dignity interests

A

Declarator
Interdict
Damages

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13
Q

‘Thin skull rule’

A

If claimant has an existing weakness they cannot be considered when determining liability.

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14
Q

Dignity interests - ECHR

A

‘Everyone has the right to liberty and security go person’

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15
Q

Defamation - Thomson

A

‘When A makes a false statement about B with intention of harming Bs honour’

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16
Q

Damages - Law Reform Act

A

‘Where any person suffers damage as a result partly go his own fault damages shall be reduced’

17
Q

Defensive policing

A

If police can be sued too easily then they will be more concerned about that than doing their job.