LAWS1061 Study Guide - Voluntary Action, Lord Advocate, Tort
Document Summary
His is a quick summary of the entire subject laws1061 - torts. This involves: establishing causation, establishing that there is no remoteness, establish if any defences can be used by the defendant, calculate the damages. In broad terms, a duty of care exists when there is a sort of a "relationship" or a proximity between the defendant and the plaintiff. In the case of certain damages, a more stringent duty of care will need to be established. If a plaintiff wishes to recover damages for a psychiatric injury, he must establish that the defendant owed him a duty of care to avoid causing psychiatric injury (not merely a normal duty of care). Such a duty will be established if (: cla, s 32 (1)): It was reasonably foreseeable that a person of normal fortitude might, in the circumstances of the case, suffer a recognised psychiatric illness if reasonable care were not taken.
