What is a defect?
- (1) Subject to the following provisions of this section, there is a defect in a
product for the purposes of this Part if the safety of the product is not such as
persons generally are entitl
People who believe themselves instrumental
- Parents had young kids, made it clear that they did not want a child who had
abused someone sexually.
o They placed with the family a boy who had a history of sexual ab
Delict W3L2 2.10.2014
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In most of the cases with the PA as defender
- Why did they act/ fail to act.
o Because of the existence of a statute.
o Grants them a function that gives power to act.
Fail to carr
Cassidy v Minister of Health
- Oops, missed that case. Balls.
The loss suffered by the pursuer must not be too remote.
-
4th Heading: Remoteness.
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*Overseas Tankship v Morts Dock (The Wagon Mound) No 1961
Chapter 4
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Page v Smith
Leading case on mental disorders leading to a duty of care.
o In this case the defender negligently caused a road collision.
The driver of the other car suffered no immediate injury, but
the stress of the accident caused her chro
Delict W7L2 30.10.2014
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Vicarious liability
- So like employers liability.
o A employs B. B commits delict against C. C sues A.
Thats whats going on here.
You get a hot cup of coffee at McDonalds and BANG
Chapter 5
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Some interesting discussion of AXA and the Rothwell case that preceded it
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Waugh v James K Allan*
A truck driver felt ill and pulled his truck over. When he felt better,
he kept driving. He actually had thrombosis and ended up dying at
the w
Who is liable under the act? CPA 87
- Primarily the producer.
o Producer
Section 1(2) deBined.
Liability established in 2(2)(a).
Joint and several liability for complex products s 2(5)
Manufacturers for natura
What does premises mean?
- Section 1(1)
o Occs duty of care arises in respect of land or other premisses.
Wide range of spaces.
any fixed or moveable structure, including any vessel, vehicle
or aircraft (s 1(3).
What sort of hazards?
- Dilapidate
What is delict not?
- Delict is not contract law.
o Delictual liability is 7ixed by law. It arises whether the individual like is or
not and does not need a pre- existing contract between parties. Tort law
is abo
Delict W1L1 15.9.2014
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Housekeeping
- If I have to listen to this guy for a full semester Ill shoot myself.
o Sign up
Monday September 29th 1:30 PM Tutorial Sign Ups for this
course.
o All of this eeees avai
Holmes v Bank of Scotland
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Junior Books v Veitchi
- You enter into a contract with a contractor, then that contractor enters a contract
with a sub contractor, then the =irst party wants to sue the sub contractor.
