Breaching a duty of care and causing a loss - wk 3

Do the police have a duty to prevent the public from 3rd party harm

No

When are the policer liable for negligence

When the harm is caused by an officer themselves

Why is there a reluctance to impose delictual liability for social work negligence

There are public law solutions instead

What is a breach of duty of care

Falling below the standard expected of them

The standard of care expected is that of…

a reasonable person

What does th professional standard take into account

the current state of knowledge in field and expected practice of a professional

Why are restrictions put on psychiatric injury claims

could open a floodgate of cases

What are the restrictions on psychiatric claims

most be a recognisable psychiatric illness

What is factual causation

When the loss or harm must have been caused by the defenders negligence

What is material contribution

When loss would not have occurred if it wasn’t for the defender’s conduct

When should the material contribution test be used

in personal injury in the form of contraction of disease or clinical negligence

What can break the chain of causation

an unforeseeable novus actus interveniens

What is the thin skull rule

the defender must take the pursuer as they find them

What is contributory negligence

when the pursuer is partly to blame for the loss

What is violenti non fit injuria

when the pursuer has accepted the risks involved, so no liability

what is damnum fatale

a loss arising from an inevitable accident

What is illegality

when the pursuer was engaging in illegal activity at the time of the loss