DELICT

Question 1

Dorset Yacht v The Home Office [1970] AC 1004

Answer 1

…

Question 2

Damnum injuria datum

Answer 2

Loss wrongfully caused

Question 3

Damnum absque injuria

Answer 3

loss without wrong

Question 4

Solatium

Answer 4

award for pain and suffering

Question 5

Patrimonial loss

Answer 5

tangible economic losses - medical expenses, loss of earnings

Question 6

culpa tenet suos auctores

Answer 6

fault adheres to its author

Question 7

Stewart v Adams 1920 SC 120

Answer 7

boat owner hire a joiner to do some repairs on boat, - boat on filed. ‘ the pursuer’s cow was poisoned by the scrapings while grazing. The boat owner was held liable, as he had failed in his duty to ensure that the poisonous scrapings were removed, it being recognised that such duty could not be delegated to the contractor.

Question 8

Muir v Glasgow Corp 1943 SC (HL) 46

Answer 8

delegation of responsibility safely to carry an urn full of hot water past of group of children into a narrow corridor was held sufficient to discharge the duty of care owed by the manageress to the children.

Question 9

Woodland v Essex CC [2014] AC 537

Answer 9

Young girl, swimming lesson, brain damage when she got into difficulties during swimming lesson. The Supreme Court overturned the decision of Court of Appeal and found that the education authority owed a non-delegable duty to schoolchildren with regard to the functions it was entrusted to perform. Lord Sumption - 5 criteria that would, outside of statutory duty, higway and hazard cases, give rise to a non-delegable duty of care.

Question 10

Dorset Yacht v Home Office [1970] AC 1004

Answer 10

‘Prison officers were held to owe a duty of care to the owners of property situated beside a campsite where the officers were employed to supervise young offenders on a camping trip.’

Question 11

Delict

Answer 11

law of obliogations, contract arises from agreement whereas delict arise ex lege, involuntary obligation; a civil wring created by (a) the deliberate or negligent breach of a legal duty; or (b) a wrongful act against another person

Question 12

Sources of Delict

Answer 12

Roman Law - aquilian liability
Institutional writing
case law
statute
nominate delicts

Question 13

causation is important to establish the link between wrong and loss

Answer 13

.

Question 14

Negligence could be presumed res ipsa loquitur

Answer 14

from the thing itself

Question 15

Ansell v Waterhouse 1817 M&S 385

Answer 15

English law was willing to accept liability in cases where an act or omission was ‘contrary to the duty that the law costs’

Question 16

Mullen v AG Barr& Co 1929 SC 561, SLT 241 IH

Answer 16

Old law, old case, mouse in lemonade bottle

Question 17

Donoghue v Stevenson 1932 SC (HL) 31

Answer 17

Establishes the law for situations where, despite a lack of intent, there is nevertheless a duty of care for unintentional negligence