Delict W5L2 16.10.2014
Fairchild v Glenhaven Funderal Services LTD
- Fairchild got mesothelioma from exposure to asbestos dust. He was
unable to prove that any of the 5 speciHic employers caused it because of
Existence of duty is problematic:
Pure Economic Loss
- Contrasted with parasitic or derivative loss.
o Economic loss- it is an injury to your pocket. You are worse off Ainancially
because of the defenders actions.
Hawley v Luminar Leisure
- A nightclub: one night the man assaulted a client. The man sued a nightclub
vicariously for the bouncers act. IT was held here that the nightclub was the
- Not really a skilled job, contrast with Mersey.
- Also the fac
Health Care Provision
S v Lothian Health Board 2009
- Patient tested for cystic ;ibrosis. Referred and sent to an outside lab which was
operated by U of E screening. The screening was carried out negligently, she w
- Allegation that the defender has done some naughty 7inancial stuff.
- The allegation of being a paedo is defamatory.
- Homosexuality is interesting.
o 1998 Case
Housing Scotland Act 2006
- Basically puts the last case on statutory basis.
o If you suffer loss as a buyer
Misrepresentation to a speci@ic audience
- Caparo Industries v Dickman
o He prepared a report for some sh
Delict W6L2 23.10.2014
- There general type of harm must have been reasonably foreseeable.
- The way the damage was caused need not have been foreseeable, what
matters is that the end damage is of a
Delict W10L1 17.11.2014
- HRA enshrined the ECHR.
- Clash between one partys freedom of expression and the others right to
respect for private and family life.
o English courts
Misuse of private infor
Delict W7L1 27.10.2014
Hill v Chivers 1987
- Reduction of one third for failure to wear a seatbelt. But he pursuer also
knew the driver was drunk.
Pace v Cully 1992
- One of the taxi drivers was injured. Altho
Immunity from duty?
- 5th problem area kind of.
o Do legal professionals owe duties of care to their clients?
In England the law changes quite dramatically, Hall v Simons.
Prior to that there was blanket immunit
Policy matters v Operational Matters
- Basic point is simple
o Public authorities granted a number of missions but limited resources.
How they choose to allocate resources is their business and so it
should not be
Delict W6L1 20.10.2014
Pursuers intervening Act
- It might break the chain of causation.
o Whether it does or does not will depend on whether the act was
reasonable or not.
The pursuers own conduct may constit
Delict Tutorial 1
DUTY OF CARE: THE NATURE OF THE LOSS
Marina graduates from Ford College and obtains a job with Firth Ltd. The contract
is not offered until the company obtains a reference from one of her tutors, which
states that she is a very h
Delict W3L1 29.9.2014
Last time: Alcock criteria
- Psychiatric injury
o Primary victims
o Secondary victims (Alcock criteria)
Establishing a duty of care in a problem question
- Clash between the incremental approach a