failed.Danny feels dreadful about this he should have spent more time working on Mrs McGregor s car. In the case of Hughes v Lord Advocate(1963) and Muir v Glasgow Corporation illustrates this point.
Breach of the duty of care
Contributory negligence. Where the defender has been negligent but the
pursuer s actions have partly contributed. The burden of proof is with the defender. (Sayer V. Harlow urban Council (1958).
Consent and volenti nofit injuria (one consenting no wrong can be done).
When the pursuer freely and voluntarily with full knowledge of the risk involved agrees to take the risk no delict (Morris V. Murray (1991)).
Damnum fatale. An act of God and would be outside the control of man.
Example is cyclone, hurricane, and earthquake.
In this case Danny feels dreadful about this he have spent more time working on Mrs McGregor s car. After listening to Danny s worries, Tom, the garage owner, has reassured him that he did everything that could be expected of a reasonably competent mechanic.
Case 2
Question 1
Liability applies to the keeper of an animal
The duty of care:There is no liability for a failure to take due care unless there was a duty to take care in the first place. A duty of care is imposed by both the common law and by statutory law. There is a breach of the duty of care. This indged on what the reasonable man would or would not have done had he been in the defender’s position to eliminate the risk he had defined. For example, the provision of the Health&Safety At work Act 1974.
The burden of proof:The burden of proof is the obligation on a party to establish the facts in issue in a case to the required degree of certainty (the standard of proof) in order to prove their case. There is a rule of evidence known as res ipsa loquitur or the facts speak for themselves and here the burden of proof shifts to the defender. There are three conditions necessary for res ipsa loquitur to apply: the offending thing must have been under the control or management of the defender or his employees such accidents do not normally happen where due care is taken there is an absence of explanation for the accident.
Vicarious (in place of another) Liability: Someone can be liable for another s delictual act. This can come as a result of agency, partnership and employment. Liability is transferred to the person benefiting or gaining by the actions of the wrongdoer. Vicarious Liability of the employer for his employee s Actions Vicarious liability is an example of joint and several liability as the injured party can sue both the employee and the employer. To bring an action against the employer the pursuer must prove: That the wrongdoer was an employee of the