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Delict week 3-lecture notes-law, Study notes of Law

Aberdeen's Robert Gordon University (RGU)Law

The document "Delict Week 3 - Law" explores key principles of delictual liability, a fundamental aspect of tort law in civil jurisdictions. It likely covers duty of care, fault, causation, and damages, examining how liability arises when harm is wrongfully caused to another party. The notes may discuss landmark case law, statutory provisions, and defenses available to defendants in delictual claims. Additionally, it could analyze comparisons with common law torts and explore specific delicts like negligence, defamation, and economic loss. This resource is essential for students studying Law, particularly in Scotland or other civil law jurisdictions, offering a structured understanding of how legal responsibility is determined in cases of wrongful harm.

Typology: Study notes

2024/2025

Available from 03/07/2025

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charles-khama 🇮🇹

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3/7/25, 1:49 PM Delict week 3 Delict week 3 Causation 37 element of 4 elements to successful action in negligence;- 3) the breach o they duty by the defender must have caused the loss of the pursuer. = there must be a causative link between he breaches of duty of care by defender and the loss/damage suffered to the pursuer. Factual and legal causation Causation can be separated into 2 parts:- Factual Causation; and 2) Legal Causation Factual Causation Questions of fact whether defende3rs act or omission was a cause of pursuer’s loss/injury. The breach of duty of care must be the cause or part of the cause of the loss/ injury - in a factual sense. ‘ But for’ test Cause sine qua non = a cause but for which the accident would not have happened. Known as the duty ‘but for’ test But for the breach of duty, would the harm have occurred? So, if the harm would have occurred even without the breach of duty- the breach of duty is not a causa sin qua non. Case examples of ‘but for’ test about:blank 15