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Duty Of Care Principles
Summary
The neighbourhood test from Donoghue v Stevenson establishes duty of care in negligence claims. Damnum in damnum iniuria datum means loss or injury, while iniuria means wrongful conduct. Under the Occupiers Liability (Scotland) Act 1960, occupiers must take reasonable care. Smith v Leech Brain supports the egg-shell skull rule, holding defendants liable for full injury extent. Ex turpi causa non oritur actio is the illegality defense in delict. Lister v Hesley Hall highlights vicarious liability with a close connection to employment duties. Hill v Chief Constable of W Yorks emphasizes insufficient proximity in negligence claims. McKew v Holland Hannen and Cubitts illustrates novus actus interveniens breaking causation. Volenti non fit iniuria involves consent to risk, acting as a complete defense.Full Conversation
In the Latin phrase "damnum iniuria datum" the word "damnum" represents which of the following:
*.
the pursuer
*.
causation
*.
loss or injury
*.
wrongful conduct
In the Latin phrase "damnum iniuria datum," the word "damnum" represents "loss or injury." This phrase is used in legal contexts to refer to loss or damage caused by wrongful conduct.
he duty imposed upon an occupier of premises under the Occupiers' Liability (Scotland) Act * is of what nature?
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one of strict liability
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a duty to take reasonable care
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a duty to avoid accidents so far as is reasonably practicable
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an absolute duty
Under the Occupiers' Liability (Scotland) Act *, the duty imposed upon an occupier of premises is a duty to take reasonable care. This means occupiers must ensure the premises are reasonably safe for visitors. Do you have any other questions related to this topic?
is it * * * or *
Case Rating: *
It looks like you're asking about the correct answers to legal questions related to Scots law. Based on the information provided, the answers to your questions are:
- For Donoghue v Stevenson, the correct answer is *, the "neighbourhood test."
- For "damnum iniuria datum," the correct answer is *, "loss or injury."
- For the Occupiers' Liability (Scotland) Act *, the correct answer is *, "a duty to take reasonable care."
If you have more questions or need further clarification, feel free to ask!
It looks like you're asking about the correct answers to legal questions related to Scots law. Based on the information provided, the answers to your questions are:
- For Donoghue v Stevenson, the correct answer is *, the "neighbourhood test."
- For "damnum iniuria datum," the correct answer is *, "loss or injury."
- For the Occupiers' Liability (Scotland) Act *, the correct answer is *, "a duty to take reasonable care."
If you have more questions or need further clarification, feel free to ask!
The decision in Smith v Leech Brain [*] * QB * is authority for the view that:
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one must take one's victim as one finds him
*.
a novus actus interveniens serves to break the chain of causation
*.
professionals are required to attain the standard of care expected in their profession
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one cannot recover compensation when one has been involved in an illegal enterprise
Case Rating: *
The decision in Smith v Leech Brain [*] * QB * establishes the principle that "one must take one's victim as one finds him," also known as the "egg-shell skull" rule. This means that a defendant is liable for the full extent of a plaintiff's injury, even if the plaintiff had a pre-existing condition that made them more susceptible to harm.
If you have further questions, feel free to ask!
The decision in Smith v Leech Brain [*] * QB * establishes the principle that "one must take one's victim as one finds him," also known as the "egg-shell skull" rule. This means that a defendant is liable for the full extent of a plaintiff's injury, even if the plaintiff had a pre-existing condition that made them more susceptible to harm.
If you have further questions, feel free to ask!
The public policy defence (sometimes referred to as the illegality defence) in delict is expressed in the Latin term:
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res ipsa loquitur
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ex turpi causa non oritur actio
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damnum iniuria datum
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plus quam tolerabile
Case Rating: *
In delict, the public policy or illegality defense is expressed by the Latin term "ex turpi causa non oritur actio," which means "no action arises from a dishonorable cause." If you have more questions about legal terms or need further information, feel free to ask!
In delict, the public policy or illegality defense is expressed by the Latin term "ex turpi causa non oritur actio," which means "no action arises from a dishonorable cause." If you have more questions about legal terms or need further information, feel free to ask!
The ratio of Smith v Leech Brain & Co [*] * Q.B. *, sometimes summarized as the “egg shell skull” rule, means that:
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Defenders are only liable for the injuries that a reasonably fit person would suffer.
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Defenders are not liable if their victims have head injuries.
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Defenders are not liable if their victims suffer nervous shock.
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Defenders must take their victims as they find them.
Case Rating: *
The ratio of Smith v Leech Brain & Co [*] * Q.B. * is that defenders must take their victims as they find them. This is known as the "egg shell skull" rule, meaning defendants are liable for the full extent of a plaintiff's injury, even if the plaintiff had a pre-existing condition.
If you have more questions or need further clarification, feel free to ask!
The ratio of Smith v Leech Brain & Co [*] * Q.B. * is that defenders must take their victims as they find them. This is known as the "egg shell skull" rule, meaning defendants are liable for the full extent of a plaintiff's injury, even if the plaintiff had a pre-existing condition.
If you have more questions or need further clarification, feel free to ask!
Which of the following Latin maxims encapsulates the essence of the delict of nuisance?
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novus actus interveniens
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res ipsa loquitur
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causa causans
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sic utere tuo ut alienum non laedas
Case Rating: *
The Latin maxim that encapsulates the essence of the delict of nuisance is "sic utere tuo ut alienum non laedas," which means "use your property in such a way that you do not damage others." If you have more questions or need further clarification, feel free to ask!
The Latin maxim that encapsulates the essence of the delict of nuisance is "sic utere tuo ut alienum non laedas," which means "use your property in such a way that you do not damage others." If you have more questions or need further clarification, feel free to ask!
n Caparo v Dickman [*] * AC *, the plaintiff was a:
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primary victim suffering physical damage
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a secondary victim suffering pure economic loss
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a primary victim suffering pure economic loss
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a primary victim suffering pure economic loss
Case Rating: *
In Caparo v Dickman [*] * AC *, the plaintiff was a secondary victim suffering pure economic loss. This case is significant for establishing the three-part test for duty of care in negligence claims. If you have more questions or need further clarification, feel free to ask!
In Caparo v Dickman [*] * AC *, the plaintiff was a secondary victim suffering pure economic loss. This case is significant for establishing the three-part test for duty of care in negligence claims. If you have more questions or need further clarification, feel free to ask!
he case of RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council * S.C. (H.L) * is authority for the view that:
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It is no defence to a nuisance action that the complainer came to the nuisance
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Interdict is the only remedy in respect of nuisance at common law
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Damages for a common law nuisance arise only where fault is established
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A local authority cannot be found liable in respect of a nuisance
Case Rating: *
The case of RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council * S.C. (H.L) * is authority for the view that:
*. It is no defence to a nuisance action that the complainer came to the nuisance.
If you have more questions about this case or topic, feel free to ask!
The case of RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council * S.C. (H.L) * is authority for the view that:
*. It is no defence to a nuisance action that the complainer came to the nuisance.
If you have more questions about this case or topic, feel free to ask!
Which important principle forms the basis of the decision in Lister v Hesley Hall [*] * AC *:
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An employer may be vicariously liable for the criminal acts of its employees only if it was aware that they were occurring and did nothing to stop them.
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An employer can never be vicariously liable for the criminal acts of its employees because such an act necessarily takes the employee outside the course of his or her employment.
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An employer may be vicariously liable for the criminal acts of its employees only if there is a close connection between the act and the nature of the employment duties.
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An employer may be vicariously liable for the criminal acts of its employees only if they occur on work premises within working hours.
Case Rating: *
The important principle that forms the basis of the decision in Lister v Hesley Hall [*] * AC * is:
*. An employer may be vicariously liable for the criminal acts of its employees only if there is a close connection between the act and the nature of the employment duties.
The important principle that forms the basis of the decision in Lister v Hesley Hall [*] * AC * is:
*. An employer may be vicariously liable for the criminal acts of its employees only if there is a close connection between the act and the nature of the employment duties.
In the Latin phrase "damnum iniuria datum" the word "iniuria" represents which of the following:
*.
the pursuer
*.
injury
*.
causation
*.
wrongful conduct
Case Rating: *
In the Latin phrase "damnum iniuria datum," the word "iniuria" represents "wrongful conduct." This phrase is used to denote loss or damage caused by such conduct. If you have more questions or need further clarification, feel free to ask!
In the Latin phrase "damnum iniuria datum," the word "iniuria" represents "wrongful conduct." This phrase is used to denote loss or damage caused by such conduct. If you have more questions or need further clarification, feel free to ask!
An employer’s common law duty to take reasonable care in respect of his employees embraces which of the following:
*) to provide safe premises
*) to provide safe plant and equipment
*) to provide safe & competent fellow employees
*) to provide a safe system of work
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* and * only
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* and * only
*.
all of the above
*.
*, * and * only
Case Rating: *
In regard to an employer’s common law duty to take reasonable care, the correct answer is:
*. All of the above.
This duty includes providing safe premises, safe plant and equipment, competent fellow employees, and a safe system of work. If you have more questions or need further clarification, feel free to ask!
In regard to an employer’s common law duty to take reasonable care, the correct answer is:
*. All of the above.
This duty includes providing safe premises, safe plant and equipment, competent fellow employees, and a safe system of work. If you have more questions or need further clarification, feel free to ask!
In Alcock v Chief Constable of South Yorkshire Police [*] * AC *, the plaintiffs were:
primary victims suffering physical damage
secondary victims suffering psychiatric injuries
primary victims suffering pure economic loss
secondary victims suffering pure economic loss
Case Rating: *
In Alcock v Chief Constable of South Yorkshire Police [*], the plaintiffs were secondary victims suffering psychiatric injuries. This case is significant in establishing the criteria for claims based on psychiatric harm in negligence.
In Alcock v Chief Constable of South Yorkshire Police [*], the plaintiffs were secondary victims suffering psychiatric injuries. This case is significant in establishing the criteria for claims based on psychiatric harm in negligence.
Which of the following statements most appropriately describes the outcome of Hill v Chief Constable of W Yorks [*] AC *:
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The claim succeeded because a criminal prosecution was successfully brought against the
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The claim succeeded because there had been a breach of the duty of care by the defendants.
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The claim failed because there was insufficient proximity between the defendants and the victim and it would not have been fair, just and reasonable to impose a duty on the defendants.
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The claim failed because it was brought out of time and exceeded the time limit for the rules on limitation.
Case Rating: *
The correct statement describing the outcome of Hill v Chief Constable of W Yorks [*] AC * is:
*. The claim failed because there was insufficient proximity between the defendants and the victim and it would not have been fair, just and reasonable to impose a duty on the defendants.
The correct statement describing the outcome of Hill v Chief Constable of W Yorks [*] AC * is:
*. The claim failed because there was insufficient proximity between the defendants and the victim and it would not have been fair, just and reasonable to impose a duty on the defendants.
The decision in McKew v Holland Hannen and Cubitts * SC (HL) * is authority for the view that:
*.
one must take one's victim as one finds him
*.
a novus actus interveniens serves to break the chain of causation
*.
there are no defences available to an action in nuisance
*.
one cannot recover compensation when one has been involved in an illegal enterprise
Case Rating: *
The decision in McKew v Holland Hannen and Cubitts * SC (HL) * is authority for the view that:
*. A novus actus interveniens serves to break the chain of causation.
If you have any more questions or need further clarification, feel free to ask!
The decision in McKew v Holland Hannen and Cubitts * SC (HL) * is authority for the view that:
*. A novus actus interveniens serves to break the chain of causation.
If you have any more questions or need further clarification, feel free to ask!
Which of the following are true in relation to the defence of volenti non fit iniuria:
*. the pursuer has consented to run the risk of injury
*. the pursuer must be both "sciens et volens"
*. it operates as a complete defence to an action
*. it cannot be pleaded by a defender if he is also relying on the defence of contributory negligence
*.
* and * only
*.
* and * only
*.
All of the above
*.
*, * and * only
Case Rating: *
In relation to the defence of volenti non fit iniuria, the correct answer is:
*. *, *, and * only
This defence involves the pursuer consenting to the risk of injury, being both "sciens et volens," and can act as a complete defence to an action. It cannot be pleaded if contributory negligence is also relied upon.
In relation to the defence of volenti non fit iniuria, the correct answer is:
*. *, *, and * only
This defence involves the pursuer consenting to the risk of injury, being both "sciens et volens," and can act as a complete defence to an action. It cannot be pleaded if contributory negligence is also relied upon.
n Dynamco v Holland Hannen and Cubitts * SC * the pursuer was a:
*.
primary victim suffering physical damage
*.
secondary victim suffering physical damage
*.
a primary victim suffering pure economic loss
*.
a secondary victim suffering pure economic loss
Case Rating: *
In the case of Dynamco v Holland Hannen and Cubitts * SC *, the pursuer was a primary victim suffering pure economic loss. This case dealt with issues related to economic loss in the context of negligence. If you have any more questions or need further clarification, feel free to ask!
In the case of Dynamco v Holland Hannen and Cubitts * SC *, the pursuer was a primary victim suffering pure economic loss. This case dealt with issues related to economic loss in the context of negligence. If you have any more questions or need further clarification, feel free to ask!
Which of the following statements is false:
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The branch of law known as delict in Scotland is known as tort in England
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Delict is concerned with voluntary obligations
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Delict forms part of the law of obligations
*.
Delict forms part of Scots private law
Case Rating: *
The false statement is:
*. Delict is concerned with voluntary obligations
Delict is actually concerned with involuntary obligations, dealing with harm or loss caused by wrongful acts. If you need more information or have questions, feel free to ask!
The false statement is:
*. Delict is concerned with voluntary obligations
Delict is actually concerned with involuntary obligations, dealing with harm or loss caused by wrongful acts. If you need more information or have questions, feel free to ask!
In the Latin phrase "damnum iniuria datum" the word "datum" represents which of the following:
*.
causation
*.
loss or injury
*.
wrongful conduct
*.
the pursuer
Case Rating: *
In the Latin phrase "damnum iniuria datum," the word "datum" represents "causation." If you have more questions or need further clarification, feel free to ask!
In the Latin phrase "damnum iniuria datum," the word "datum" represents "causation." If you have more questions or need further clarification, feel free to ask!
The operation of which defence is illustrated in Jackson v Murray * SC (UKSC) *
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contributory negligence
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volenti non fit iniuria
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illegality (or public policy)
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self defence
Case Rating: *
The operation of the defence illustrated in Jackson v Murray * SC (UKSC) * is "*. contributory negligence." If you have any more questions or need further clarification, feel free to ask!
The operation of the defence illustrated in Jackson v Murray * SC (UKSC) * is "*. contributory negligence." If you have any more questions or need further clarification, feel free to ask!
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