General Principles Flashcards
Delict is a branch of which law?
The law of obligations.
What is the obligation in Delict?
To make reparation, that is to repair the loss by payment of damages.
What is the question at the heart of Delict?
Whether or not the defender is liable to the pursuer in damages.
What is the translation of ‘damnum injuria datum’?
“Loss caused unlawfully, without justification or wrongfully”.
The law recognises certain interests as protected. Name the four broad headings these interests can be presented in.
- Protection of the person
- Protection of liberty
- Protection of reputation
- Protection of interests in property
What is the general principle regarding losses that have occurred without any wrong having been done?
Losses arising without any wrong having been done are not reparable.
What does ‘damnum absque injuria’ mean?
“Loss without a wrong”.
In the general case, what is a necessary condition for imposing liability?
Causation.
However, it is not a sufficient condition merely on its own.
Waugh v James K Allen
There is no liability where harm follows an involuntary act.
What does “Culpa” mean?
Fault
When does fault begin to play a necessary role in the law?
When the law begins to compensate indirectly caused harm and, very broadly speaking, accidentally caused harm.
What does negligence broadly mean?
The failure to take care in circumstances where care is required to avoid harm to others or their property.
What does “neminem in delictis aetis excusat” mean?
“Age itself excuses nobody in delict”.
What does “culpa tenet suos auctores” mean?
“Fault attaches to its authors”.
Can there be circumstances in which more than one party may be liable for causing the same loss?
Yes
What is meant by vicarious liability?
One party is liable for the delict of another without the first party having been directly involved in the wrongdoing.
What is the classic example of vicarious liability?
Vicarious liability attaches to the employer of a person who has committed a delict while carrying out the duties of their employment.
When does joint fault arise?
When there is more than one defender responsible for the same delict.
What is the limitation regarding the pursuer when joint fault arises?
The pursuer may elect to sue only one defender and if successful may not also sue the other.
What action does the court take when more than one wrongdoer is sued and found liable?
The court will award a joint and several decree.
What happens in a case where liability may be joint without also being several?
Each defender is liable to the pursuer only to the extent of their own liability as determined by the court.
