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Question

CONSPIRACY - UNLAWFUL

Answer 1

REQUIREMENTS - *Total Networks 2008* 1. combination between D and another party, with unlawful menas? 2. intention to harm P? 3. loss caused Not just reasonably foreseeanly, needs INTENT - *Constantine Medien v Ecclestone*

Answer 2

REQUIREMENTS - *Crofter Tweed v Veitch* 1. combination bewteen D and other party, using lawful means? 2. MAIN intention to harm P? 3. loss caused?

Answer 3

REQUIREMENTS - *OBG v Allen* 1. third party breaches contract with P. 2. D knows actions would result in this breach. 3. D intends to cause breach. 4. caused by positive acts No need for physical written contract - *McGill v Sports and Entertainment Media Group* KNOWLEDGE AND INTENTION D honestly believed action wouldn't breach? No liability - *Allen v Pollock and Dodd* POSITIVE ACT - standing back and not preventing is not enough - *Calor Gas v Express Fuels* DEFENCE? could say inducement was justified - good/moral cause - *Brimelow v Casson*

Answer 4

NON PATRIMONIAL - for pain and suffering, acknowledgement. PATRIMONIAL - for losses to financials, property - tangible loss. CLAIM FOR RELATIVES - *Damages (Scotland) Act 2011* Relatives can claim on behalf of dead family, and their own grief and sorrow alongside this - *s4* Family definition - traditional aslo cohabitants etc - *s2*

Answer 5

LOSS TO ANY OF BELOW 1. Liberty - freedom to move 2. Person - physical and mental 3. Personality - reputation and privacy 4. Property - fabric 5. Pure economic loss Damages are restorative.

Answer 6

*P+L(S)A 1973* Time period where legal actions have to be brough to court, otherwise court will refuse to hear them. WHEN DOES THE CLOCK START? Death - date of death - *s18* Injury - date sustained or date that action causing ceased - *s17* - date became aware of injury, or should have become aware.

Answer 7

*P+L(S)A 1973* When you gain or lose rights because time has passed. WHEN DOES THE CLOCK START? Injury - if damage caused by onging, when action ends - *s11* - or when reasonable to become aware of injury.

Answer 8

Transfer of legal liability from A to B. NEEDS : 1. Employment style relationship? 2. Carried out during employment? EMPLOYMENT STYLE - *Barclaus Bank v Various Claimants* - under management of A? - was company accountable for B? - integrated to organisation structure? - working on behalf of A? COURSE OF EMPLOYMENT *Kirby v National Coal Board* A asks B to do something - LIABLE A does this, but B does something outside of scope - NOT LIABLE. Sufficient connection between act and work employed to do - *Lister v Hesley Hall* Job giving opportunity does not mean connection - *Jehovah's Witnesses v BXB*

Answer 9

*Occupiers Liability (S)A 1960* WHO IS DUTY OWED TO? 1. persons on premises 2. all visitors, including trespassers 3. property on premises Duty to take care but not prevent all injuries - *s2* No duty to prevent against natural dangers - *Leonard v Loch Lomond* Precautionary signs do not count for personal libility, but can for property - *s16*

Answer 10

Premises is any structure including a vessel, vehicle or aircraft - *s1* Occupier is a person having control of the land - *s1* Landlord responsible for maintenance makes him the occupier - *s3*

Answer 11

Claim must be either delict or contract. * contract damages lower, but easier compared to delict. 1. is the person a professional? 2. what is the standard of care expected? PROFESSIONAL Professional = collective organisation? do they need qualifications? knowledge above the walking man? - *ICI Tech v Johnston* STANDARD OF CARE Attempting to do a professional's job, court will hold you to the same standard - *Dickson v Hygenic Institute* TEST FOR PROFESSIONAL NEGLIGENCE - *Hunter v Hanley* 1. usual and normal practice 2. defender did not adopt this 3. defender's actions would not have been done by a professional man acting with care.

Answer 12

Uses *Hunter v Hanley* * usual practice is ignored, and no normal person would behave this way. Law takes a will as it is written down - *White v Jones* IMMUNITY Immunity is preserved for advocates and solicitors in criminal, unlikley in civil - *McCafferty Wright v Paton*

Answer 13

Duty not to harm others - *Donoghue v Stevenson 1932* * munfacturer owes a duty to the ultimate consumer. TEST FOR DUTY - Caparo Industries v Dickman 1. harm must be reasonably foreseeale. 2. relationship of proximity 3. must be fair just and reasonable to impose liability.

Answer 14

TEST FOR BREACH: 1. must have acted voluntarily - *Waugh v James K Allan* 2. injury must be reasonable and foreseeable consequence of action - *Muir v GCC*. 3. Action must be negligent - calculus of risk to establish this. Reasonable foreseeability lessens when there are reasonable preventions - *Maloco and Smith v Littlewoods*

Answer 15

Q - WAS THE OUTCOME REASONABLY FORESEEABLE? 1. probability of injury - was it likely to harm someone? 2. gravity of injuty - how severe is the injury at risk? 3. value of defender's activity - are they doing something worthwhile? 4. cost of precautions - expensive for a precaution? HIGHER RISK = HIGHER STANDARD

Answer 16

*Consumer Protection Act 1987* DAMAGE - death or personal injury - *s5* PRODUCT - any goods or electricity, or component in a product. Software? doesn't count unless pre-installed - *Sales of Good Act 1979* LIABILE Producer of the product primarily. IF NOT, then anyone who puts their name on the product or who has it imported. DEFECT If the product falls below the expected standard - *s3* Cannot full eradicate risks, just best possible with cost etc - *Wilkes v Deputy International* Some benefits cannot come without risks - *Wilkes v Deputy International*

Answer 17

*Consumer Production Act s4* * made in line with UK standards, so not your problem. * did not put the product into circulation * defect is caused by lack of info at time of making due to age Damage must be over £275 - *s5*

Answer 18

**must take reasonable steps to provide safe workplace** - *Stoke v Guest* Cannot exlcude liability within a contract - *Unfair COntract Terms Act* Cannot delegate responsibility as you were not supervising - *Wilson and Clyde Coal v English* DUTY OF CARE? Must have: * safe machinery - *Employer's Liability (Defective Machinery) Act* * safe system - *McGregor v AAH Pharmaceuticals* * competent employees - *Waters v Commissioner of Police for The Metroplis*

Answer 19

Must be medically recognised/diagnosed condition caused by work. Must show that employer was aware of the stress/it was foreseeable - *Barber v Somerset City Council* Pursuer must prove causation - breach doesn't have to be main cause, just one of them - *Barber v Somerset City Council*