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Questions and Answers
What is one of the three limiting principles to the duty of confidence?
What is one of the three limiting principles to the duty of confidence?
In which case did it clarify that a reasonable expectation of privacy must exist for a duty of confidence to apply?
In which case did it clarify that a reasonable expectation of privacy must exist for a duty of confidence to apply?
What must a pursuer demonstrate regarding the expectation of privacy in the context of misuse of private information?
What must a pursuer demonstrate regarding the expectation of privacy in the context of misuse of private information?
Which factor is NOT considered when balancing publication in the public interest with the expectation of privacy?
Which factor is NOT considered when balancing publication in the public interest with the expectation of privacy?
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What possible defense can be used if a person consents to the disclosure of private information?
What possible defense can be used if a person consents to the disclosure of private information?
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The objective test for a reasonable expectation of privacy is determined by considering which perspective?
The objective test for a reasonable expectation of privacy is determined by considering which perspective?
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According to the content, which of the following is NOT a remedy available in cases of breach of confidence?
According to the content, which of the following is NOT a remedy available in cases of breach of confidence?
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Which scenario may lead to a conclusion that there is NO reasonable expectation of privacy?
Which scenario may lead to a conclusion that there is NO reasonable expectation of privacy?
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Which statement correctly reflects the duty of care owed by the police in terms of their actions?
Which statement correctly reflects the duty of care owed by the police in terms of their actions?
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What is the primary legal principle established in the Robinson case regarding police actions?
What is the primary legal principle established in the Robinson case regarding police actions?
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Under what circumstance can the fire service be held liable according to the content?
Under what circumstance can the fire service be held liable according to the content?
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How does the legal framework provide protection for public authorities?
How does the legal framework provide protection for public authorities?
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What key aspect of duty of care do courts consider when evaluating public authorities?
What key aspect of duty of care do courts consider when evaluating public authorities?
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What does the principle of negligence in misstatements imply for public authorities?
What does the principle of negligence in misstatements imply for public authorities?
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What is a common misconception about the duty of care owed by public hospitals compared to private hospitals?
What is a common misconception about the duty of care owed by public hospitals compared to private hospitals?
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Which of the following is a key element in determining pure economic loss in relation to public authorities?
Which of the following is a key element in determining pure economic loss in relation to public authorities?
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Under what condition might police be held liable for negligence in a situation involving a dangerous scenario?
Under what condition might police be held liable for negligence in a situation involving a dangerous scenario?
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What is an example of pure economic loss in a negligence claim?
What is an example of pure economic loss in a negligence claim?
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What standard must a social work department meet in relation to child abuse complaints?
What standard must a social work department meet in relation to child abuse complaints?
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What type of harm does employer's liability primarily relate to?
What type of harm does employer's liability primarily relate to?
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In which scenario could a social worker potentially create another danger?
In which scenario could a social worker potentially create another danger?
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Which of the following is a limitation concerning claims for pure economic loss?
Which of the following is a limitation concerning claims for pure economic loss?
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What must an employer establish to meet the common law duty regarding employee safety?
What must an employer establish to meet the common law duty regarding employee safety?
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Under which condition may police dogs be deemed as having exceeded their duty of care?
Under which condition may police dogs be deemed as having exceeded their duty of care?
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Study Notes
Summary of Delict Law
- Delict is the concept of civil wrong in Scots law
- Central to delict is the idea of loss wrongfully caused.
- Three key elements: a) Duty of care, b) Breach of duty, c) Causation
- Types of losses covered: intentional, negligence, strict liability
- Key cases: Bourhill v Young (1942), Paris v Stepney Borough Council (1951), Donoghue v Stevenson (1932), Hughes v Lord Advocate (1963), Caparo v Dickman (1990)
Duty of Care
- A duty of care exists where it is reasonably foreseeable that a person's actions could cause harm to another.
- The Neighbour principle establishes a duty of care to those whom the defendant reasonably should have foreseen as potential victims of their conduct.
- The Caparo test is used where existing categories don't cover the situations: a) reasonable foreseeability, b) proximity, c) is it fair, just and reasonable to impose a duty of care.
- Exceptions:
- Pure economic loss (unlikely to be recoverable)
- Police actions, where the duty was not in place
- Professional advice with no relationship
Breach of Duty
- Breach occurs where the defendant fails to meet the standard of care reasonably expected of them.
- Objective Standard of care: What a reasonable person would do in the same circumstances is the key principle. Evidence and examples to establish the standard of care.
- Factors which alter the standard of care: the special characteristics of the parties involved, the likely impact, presence of risk factors, social value of conduct
Causation
- The breach of duty must have actually caused the harm.
- 'But for' test is the primary test - the harm would not have occurred 'but for' the defendant's act
- Novus Actus Interveniens: an intervening act that breaks the chain of causation
- Remoteness of damage: the damage must be reasonably foreseeable as a consequence of the breach of duty
Vicarious Liability
- An employer can be held liable for the actions of their employee if the employee's act occurred within the course of their employment.
- Akins to employment: If there are sufficient similarities between a worker and an employee, a court may consider establishing if a duty of care did exist in the circumstances.
- A test to determine whether a relationship akin to employment exists to establish vicarious liability
- Control
- Integration with business
- Economic realities
- Travel to and from work (consider scope of employment, and the primary purpose of the journey)
Psychiatric Harm (Nervous Shock)
- A duty of care is unlikely unless a situation of high proximity and closeness of relationship.
- Primary victims: those directly at risk.
- Secondary victims: those who witnessed the accident or its immediate aftermath. They need a special relationship and need to have witnessed the event.
Occupiers' Liability
- Occupiers have a duty of care to those lawfully on their premises to maintain reasonable care to prevent foreseeable harm.
- The position of children is a factor, and occupiers should anticipate what children may anticipate from risky activities
- Examples are relevant: diving into a pool where it's clearly not for that purpose
Defamation
- The act or statement which harms the reputation of another.
- Need to prove the statement was about them, it's untrue and that it caused harm.
- Defences are available: Truth, honest opinion.
Statutory Duties
- Can arise where there is legislation addressing a specific situation.
- May provide an alternative avenue for a claim
- Consideration of breach of a specific obligation imposed by statute.
- Determining if an alleged breach was for the public good, or for the benefit of one particular section of the public is important
- Courts reluctant to allow claims for pure economic loss where a statutory duty is breached.
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