EX TURPI CAUSA NON OBITUR ACTIO

Question 1

Purpose

Answer 1

No right of action from shameful cause.

Question 2

Nature

Answer 2

COMPLETE.

Question 3

WEIR v WYPER (*)

Answer 3

FACTS: Asked to drive home despite knowing they only had a provisional license. Seriously injured, Pleased common criminal activity so barred from course of action. No defence here and entitled
POL: Scotland does not hold position that any type of criminal conduct, however minor, disables recovery of damages. Matter of the particular facts. THE ILLEGALITY REQUIREMENT

Question 4

TAYLOR v LESLIE (***)

Answer 4

FACTS: Proper driving license and 3rd party insurance, borrowed family friends car and took for a drive. The car was 16 years old, uninsured and not licensed. Went driving with another, L. Friend had not given permission for them to drive. Asked L to take over. Encouraged wheel spins and to go faster etc. Collided with another. T died in the incident. In Orkney common practice for cars to be uninsured etc. Therefore, low level of criminality. 50% contributory instead of turpi.
POL: Not have been considered particularly reprehensible at the time in the community in which he lived. Need to consider all circumstances to determine level of criminality.

Question 5

JOYCE v O’BRIAN (*)

Answer 5

FACTS: Serious injury when fell off back of of a van driven by Uncle. Pleaded dangerous driving in court. Nephew took action. Insurance company argued no duty of care as they were doing a common criminal activity at time- done during an escape from stealing ladders. Defence allowed in this situation.
POL: “both participating in a criminal enterprise which involved the theft of ladders and the unlawful removal of them in a van” “not fair, just and reasonable to impose duty of care on one criminal to care other in crime.”