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Ca 1 The Law of Delict
Ca 1
课程顾问英语Q1: what is duty of care
In law of delict , that a duty of care is a legal obligation impod on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foree sat真题ably harm others. It is the first element that must be established to proceed with an action in negligence. The plaintiff (pursuer in Scotland) must be able to show a duty of care impod by law which the defendant (or defender) has breached. In turn, breaching a duty may subject an individual to liability in tort or delict. The duty of care may be impod by operation of law between individuals with no current direct relationship (familial or contractual or otherwi), but eventually become related in some manner, as defined by common law (meaning ca law).
Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.
To support the opinions, in the ca of 18youngchinagirls国ostrichDonoghue v Stevenson (1932), where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence.
Q2: what standard of care should MRs. McGregor have been entitled to except from Dnny
The standard of care which is expected from Danny is the reasonable care to fix the problem of the brake of Mrs. McGregor’s car. Reasonable care is the standard of care expected of the ‘hypothetical’ reasonable man or woman who is a person of ordinary care and prudence and who is neither overcautious nor overconfident. According to the ca,
Danny as a reasonable person, he really could foree the conquence if the brake hasn’t be totally repaired, it would cau rious accident, so he failed to repair the brake to take reasonable care.
In law of delict , the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are cloly dependent on circumstances. 深蓝色
Becau of Nettleship v Weston (1971), held that a learner driver owes the same standard of care to other road urs as an experienced driver, as other road urs and pedestrians are entitled to expect a certain standard of care.
Q3: Do you think that Mrs. McGregor will be able to sue Danny in respect of her injures and the damage caud to her car?
Mrs. McGregor can sue Danny in respect of her injuries and the damage caud to her car becau it is esntial that the accident caud by Danny’s failing to repair the brake
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which led to Mrs. McGregor’s personal injury and damages caud to her car. Then a causal link must be Danny and the breach must be factual cau of the loss.
Personal injure is also the delict of negligence and trespass to Mrs. McGregor. On the other hand, the broken of her car in the accident is the delict of trespass to her car. As delict can be repaired by legal remedies, then Danny is obliged to make reparation to pay a sum of damages for Mrs. McGregor.
To support the point of view, in the ca of Barnett v Chela & Kensington Hospital Management Committee (1969), three men attended at the emergency department but the casualty officer, Dr Banerjee, who was himlf unwell, did not e them, advising that they should go home and call their own doctors. One of the men are e bookfreedom 女王died some after hours later. The post mortem showed arnic poisoning which was a rare cau of death. It was held that even if the decead had been examined and admitted for treatment, there was little or no chance that the only effective antidote would have been administered to him in time. Although the hospital had been negligent in failing to examin
e the men, there was no proof that the decead's death was caud by that negligence.
On the contrary, in the ca study the accident was caud by Danny’s negligence so Mrs. McGregor can sue Danny in respect of her injuries and the damage caud to her car.
Ca 2 Liability for animals
Q1: What king of Liability applied to the keeper of an animal
People who keep animals whether they are dangerous or non-dangerous animals are under a duty of care to prevent harm to other people by their animals. This is a civil liability and is governed by the law of tort meaning that it is concerned with a dispute between two parties, in this ca between two individuals and is therefore governed by a civil court. 如何系统的学日语
menaceIf an animal belongs to a species who members generally are, by virtue of their physical attributes or habits, likely (unless controlled or restrained) to injure verely or kil
l persons or animals, or damage property to a material extent, the keeper of the animal is strictly liable for any injury or damage caud by the animal and directly referable to the physical attributes or habits
