Delict

Front 1

Duty of care

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“a situation where the defender voluntarily commits an act (or fails to act) when the law imposes a duty of care and this failure to implement the required standard of care causes the pursuer to suffer personal injury or loss or damage to his property

Front 2

Donoghue V Stevenson (1932)

Mrs Donoghue discovered a decomposed snail in a ginger beer that was bought for her by herfriend.

Back 2

HELDThe manufacturer was liable because it was foreseeable that a customer, even one that Stevenson did not have a direct contract with, would incur a loss as a result of the decomposed snail, eitherphysical and/or emotional. Lord Aitken ruled that everybody owes a duty of care to their neighbour.He explained that he determined a person’s neighbour to be anyone they could reasonably foreseeas being harmed by their conduct.

Front 3

The questions that are raised in an action for negligence are:

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1. was there a duty of care owed to them

2. was there a breach of that duty of care

3. did they suffer injury as a result of that breach of duty of care

4. where their injuries too remote from the breach of the duty of care that they could not bereasonably foreseen

Front 4

Alcock and others v West Yorkshire police Constable establishes

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1. that the affected individual must prove close ties of love and affection with the victim

2. the affected individual must present at the scene

3. the injury must be caused by direct perception of the accident or its aftermat

Front 5

Latin

Back 5

Maxim Domnum Injuria Dotum