Negligence and Nuisance Flashcards
1
Q
What is a action of Delict (tort)?
A
To seek remedy and possibility compensate for a civil wrong doing by an individual to another individual
2
Q
Negligence will be awarded when
A
An individual has been injured as a result of the defenders negligence
3
Q
Does there need to be a duty of care ?
A
YES
4
Q
What are the 4 main points with Negligence?
A
the defender owned a duty of care
the defender was in breach of that care
there was a causal link
the injurie was not to remote
5
Q
What does a nuisance protect?
A
the right of an owners comfortable enjoyment of there property
6
Q
What is the main question when assessing a Nuisance
A
Plus Quam Tolerablie (more than reasonable tolerable)
7
Q
Is England different from Scotland with Nuisance?
A
Scotland must prove fault
England don’t
