General Principles Flashcards

1
Q

Delict is a branch of which law?

A

The law of obligations.

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2
Q

What is the obligation in Delict?

A

To make reparation, that is to repair the loss by payment of damages.

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3
Q

What is the question at the heart of Delict?

A

Whether or not the defender is liable to the pursuer in damages.

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4
Q

What is the translation of ‘damnum injuria datum’?

A

“Loss caused unlawfully, without justification or wrongfully”.

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5
Q

The law recognises certain interests as protected. Name the four broad headings these interests can be presented in.

A
  1. Protection of the person
  2. Protection of liberty
  3. Protection of reputation
  4. Protection of interests in property
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6
Q

What is the general principle regarding losses that have occurred without any wrong having been done?

A

Losses arising without any wrong having been done are not reparable.

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7
Q

What does ‘damnum absque injuria’ mean?

A

“Loss without a wrong”.

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8
Q

In the general case, what is a necessary condition for imposing liability?

A

Causation.

However, it is not a sufficient condition merely on its own.

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9
Q

Waugh v James K Allen

A

There is no liability where harm follows an involuntary act.

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10
Q

What does “Culpa” mean?

A

Fault

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11
Q

When does fault begin to play a necessary role in the law?

A

When the law begins to compensate indirectly caused harm and, very broadly speaking, accidentally caused harm.

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12
Q

What does negligence broadly mean?

A

The failure to take care in circumstances where care is required to avoid harm to others or their property.

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13
Q

What does “neminem in delictis aetis excusat” mean?

A

“Age itself excuses nobody in delict”.

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14
Q

What does “culpa tenet suos auctores” mean?

A

“Fault attaches to its authors”.

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15
Q

Can there be circumstances in which more than one party may be liable for causing the same loss?

A

Yes

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16
Q

What is meant by vicarious liability?

A

One party is liable for the delict of another without the first party having been directly involved in the wrongdoing.

17
Q

What is the classic example of vicarious liability?

A

Vicarious liability attaches to the employer of a person who has committed a delict while carrying out the duties of their employment.

18
Q

When does joint fault arise?

A

When there is more than one defender responsible for the same delict.

19
Q

What is the limitation regarding the pursuer when joint fault arises?

A

The pursuer may elect to sue only one defender and if successful may not also sue the other.

20
Q

What action does the court take when more than one wrongdoer is sued and found liable?

A

The court will award a joint and several decree.

21
Q

What happens in a case where liability may be joint without also being several?

A

Each defender is liable to the pursuer only to the extent of their own liability as determined by the court.