Class notes
Obligations Law - Lecture 1 - Delict
- Course
- Institution
Lecture notes for the Obligations 2 (Delict) module. Author achieved a first-class grade for the module.
[Show more]
Seller
Follow
FirstClassLawEssentials
Content preview
Lecture 1 – DelictOK, so what is delict about?
Delict: involuntary obligation. When you cause someone a loss, or you harm someone a duty arises to
compensate that person.
Situations in which people have suffered or not suffered and can require compensation:
• Your car tyre is damaged due to a large pothole;
- The council would be liable, you would not be able to claim back the cost of repairing the
car.
• Your doctor fails to treat your illness in time;
- The doctor would be liable, compensation decided by the court.
• Your lawyers fail to sue him in time;
- The lawyers are liable, they have failed to do their job. The loss in this case would be the
damages that you would have got, your lawyers would have to compensate you with the
compensation that you did not receive.
• You buy a kettle that does not work;
- Faulty product, there is no loss or harm suffered. Get money back that you payed for the
kettle.
• You are knocked down by a man in a work van;
- You sue the person who employed the man in the van, the employer and your damages
would be to compensate you for your pain and suffering.
• You are injured when a car driven by your friend after a night out is involved in an accident.
- Whoever caused the accident would be liable and would have to pay for your pain and
suffering.
When someone does something that does not cause the accident but contribute in some way it is
contributory negligence. Have an accident with multiple people and they are all to blame, even the
victim, for causing the accident.
Delict is a Civil Wrong
• A delict is a civil wrong. Tort.
• BUT not all civil wrongs are delicts, e.g. breach of contract.
• Delict seeks to address the harm caused by the wrongful conduct by remedying the harm
caused by the wrongful conduct.
, Some definitions:
Joe Thomson
“The essence of the modern Scots law of delict is the obligation of a person, A, to compensate
another person, B, for the losses B has sustained as a result of the harm caused to B by the wrongful
actions of A. This obligation to pay compensation is called reparation.”
J Thomson, Delictual Liability (5th edition) p.1
“The obligation to make reparation when loss has been suffered as a result of a person’s wrongful
actions is obediential; it arises ex lege regardless of the will of the wrongdoer. In this respect, delictual
obligations differ from contractual obligations which arise as a result of the agreement of the parties
to a contract.””
J Thomson, Delictual Liability (5th edition) p1.
- You do not get to choose whether to compensate someone and how. The court will tell
you the compensation and you either fulfil the duty or you are in contempt of court. In
this respect, we can see how delict differs from contract law.
Walker
“The fundamental concept of the modern Scottish law of delict is breach of legal duty causing
unjustifiable harm. Principles and rules of statute and common law impose on every individual a large
number of duties of varying standards, owed to all persons who are within the area of risk of harm if
the duty is not observed, to refrain from causing, intentionally or unintentionally, by act or omission,
various kinds of harm to anyone within the area of risk and thereby infringing their legally protected
interests.”
D M Walker, The Law of Delict in Scotland (2nd edition) p.31
- You have a duty not to harm people and if you do it causing someone to be harmed then
it is up to you to compensate them whether the action was done intentionally or
unintentionally. It is up to you to repair the damage you have made.
“If a duty is broken…the law automatically imposes a bond of obligation joining them, conferring on
the wronged person a claim to reparation and imposing on the wrongdoer a duty to make reparation
for the loss caused.”
D M Walker, The Law of Delict in Scotland (2nd edition) p.31
Weir
“People who claim to have suffered harm or an invasion of their rights often seek satisfaction – usually
money – from the party they suppose responsible.”
T Weir, Introduction to Tort Law, (2nd edition) ix
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller FirstClassLawEssentials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.44. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now