Miscellaneous Quiz / Duty of Care

Random Miscellaneous Quiz

Can you name the Duty of Care?

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Party claimed of should owe duty of care and pursuer should show that damage has occurred as a result of a breach of this
Included property damage in duty of care and responsibility for the actions of 3rd parties
1) damage must be foreseeable 2) must be proximity between parties 3) must be 'fair, just and reasonable to impose a duty
Priest and levite not liable under English Law
Reasons for not making liable for omissions
Not under a duty to prevent strangers unknown to you from causing damage
Duty of care when children are under your control and there is an obvious hazard
Special relationship between defender and pursuer may give rise to liability in the case of omissions
No general duty of care for the police
Horrible case about mis-categorisation of police call
Case where police were deemed to take control of situation and therefore had a duty of care
Duty of care established for fire service in Scotland when they take control of a situation
Duty of care established for ambulance service when they accept a call
No duty of careto prevent pure economic loss
Can't claim for loss of profits emerging from property that is not your own
Can't claim for personal injury to another person
A latent defect discovered before any harm in a defective building does not give rise to a duty of care
Negligent misrepresentation may give rise to a duty of care if there is significant loss but there must be an assumption of responsibility and reliance by the pursuer
Current law on negligent misrepresentations giving rise to a duty of care
Noted that there was a distinction between giving advice and assuming responsibility
HintAnswer
Duty of care can have continuing effect even if the nature of a party changes
Indirect misrepresentations can give rise to a duty of care for parties of modest means
Duty of care as to misrepresentation to an entirely different party (references)
Duty of care owed where there is an implied term that services will be provided with due care and skill
Solicitor held to have duty of care to daughters meant to receive benefits of will but didn't because he forgot to change the will - Based on Hedleyburn
Represented to A that product could be relied on. It could not. Duty of care established (outlier).
Not negligent towards bystander who does not possess the necessary phlegm
Liable for psychiatric harm which flows from foreseeable physical harm (even if it doesn't occur)
For psych injury, 2ndary victims: 1) close tie of love & affection 2) present at immediate aftermath 3) injury caused by witnessing accident
Mother could claim after witnessing aftermath of accident at hospital
Saw accident but didn't realise it was her son - couldn't claim
If rescuer puts themselves in physical danger, they can recover as a primary victim
Doubtful whether rescuers can still claim. Cannot if not in physical danger
Negligence of A causes B to cause harm to C - duty of care between A and B
Employers must take 'positive thought for safety of his workers in the light of what he knows or ought to know'
A statutory duty can only give rise to a claim for damages under common law negligence if there is statutory liability to pay compensation
Duty of councils to keep roads safe for public use but this does not extend to obvious hazards
ECHR and negligence should not be developed in harmony
Scottish Barristers still immune in criminal procedures

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