Legal Law Flashcards
Negligence
Civil wrong
Breach of duty by one party to another that has caused harm
What does the law state needs to be breached to cause negligence?
reasonable standard of care has not been followed based on the balance of probabilities.
Serious Professional Misconduct
Complaints against VS, RVN, SVN - disgrceful conduct in any professional respect.
Can a successful negligence law suit result in a financial award?
Compensation may be awarded.
If misconduct has been proven what is the result?
Right to practice can be withdrawn. In this case no compensation is payable.
What is Tort Law?
A civil wrong that causes a claimant to suffer loss or harm resulting in legal liability against the person who caused it.
Duty of care, explained
Duty of care is not defined by law, it is an understanding between 2 people.
What 3 elements must be met for a case?
Harm must be “reasonably foreseeable” result of the defendant,
Relationship proximity between the claimant and defendant
It must be fair and just to impose liability
What used for a VN or VS guidance towards ‘duty of care’
5 animal needs
Code of conduct
Delict explained
A violation of 'Tort Law' 5 elements need to be present before a person can be deictically liable, .Conduct .Wrongfulness .Fault .Causation ,Damage
Scottish Law - Key differences
Not proven
Enacted and common law
What is the Scottish common and enacted law?
Common - our version of civil
Enacted - our version of crown
Statute definition
The bodies of principles and rules of law laid down
Enacted law definition
Authority of body with legislative powers, parliament etc
Common law
Judgement by the courts
