Liability

Question 1

Strict Liability

Answer 1

Liable in delict for breach of duty without need to establish fault. Input for dangerous activities. Can’t allow for danger to spread

Question 2

In order to establish liability

Answer 2

Specific conduct associated with specific harm (Causing)

Initial choice to engage in the activity that led to harm

Question 3

Joint Liability

Answer 3

More than one wrongdoer, of which one delict which makes them jointly responsible, each making a material contribution. Victim could sue both. Anderson v St Andrews Ambulance Association.

Question 4

Several Liability

Answer 4

Wrongful acts not connected, and no common harmful result. Several delict cases. Hook v McCallum (Servant offended by husband, and wife separate cases)
Erskine ‘Both are liable, but once paid then obligation no longer exists’
Steven v Broadly Norman & Co - Entitled to keep suing until get back what they are owed
Balfour v Baird - Damages must be claimed once and for all. Must conclude for losses

Question 5

Law Reform (Misc Provs) (Sc) Act 1940 S3(2)

Answer 5

Where any person has paid any damages or expenses in which he has been found liable in any such action as aforesaid, he shall be entitled to recover from any other person who, if sued, might also have been held liable in respect of the loss or damage on which the action was founded, such contribution, if any, as the court may deem just.

Question 6

NCB v Thomson

Answer 6

Road accident, both drivers equally liable, could sue either.