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12 Cards in this Set
- Front
- Back
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Assault - definition and authorities |
The use or threat of physical force in which the person has a reasonable fear they are going to be harmed (Ewing v Earl of Mar - shows that physical force is not necessary, Reid v Mitchell shows there is no need for malice) |
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Self defence - definition and authorities |
Marco v Merrans - must be a reasonable response to the threat of injury or harm Ashley v Chief Constable of Sussex police - must be a necessity to take action |
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Authorisation - definition and authority |
Tolmie v Scottish Ministers - claims there is some sort of legal authorisation so you're not committing assault |
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Seduction - definition and authority |
Murray v Fraser - securing a 'connexion' by using fraud/deceit or a dominating influence |
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Entrapment - definition and authority |
Burk v Burk - marriage based on false information |
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Passing off is designed to protect good will attached to the business. Pursuer must establish: 1. 2. 3. + Authority |
Existence of goodwill Misrepresentation by defender likely to cause confusion Damage or likelihood of damage to goodwill (Earven Warnink BV v J Townsend) |
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Misrepresentation - definition and authority |
Confusion about quality or origin - FAGE UK Ltd v Chobani Ltd Must confuse the 'moron in a hurry' (the ordinary person) - Stringfellow v McCain |
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Damages - definition and authority |
Goods need not be inferior - John Haig & Co Ltd v Forth Blending Co Ltd |
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Breach of confidence - definition and authority |
Information must have the necessary quality of confidence about it, and there must be an unauthorised use of that info to the detriment of the party communicating it (Coco v A.N. Clark) Info must be specific (Bailey v Graham) Confidence in employment: termination of employment does not terminate obligation of confidence (Faccenda Chicken Ltd v Fowler) |
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Inducement of breach of contract - 5 requirements and authority |
Global Resources Group v Mackay 1. No liability unless contract breached 2. C must know that actions will have effect of inducing breach of contract 3. Must intend to procure breach of contract either as end in itself or as means to another end 4. Must be inducement by persuasion, encouragement or assistance 5. There may be a defence of justification |
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Defamation - definition and authorities |
Involves communication of false statements about an individual which are detrimental to honour, character or reputation. Communication to aggrieved party is all that is needed - Ramsay v Maclay & Co Need not be in words - Monson v Tussauds Not defamation if views of right thinking people might differ - Crown v Johnstone 'Liar' is not defamatory - Carroll v BBC |
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Defamation defences (with authority) |
Veritas - proving the truth of all material statements - Fairbairn v SNP In rixa - in heat of a quarrel or argument - Christie v Robertson Vulgar abuse Fair comment - must be on a matter of public interest and be based on facts - Joseph v Spiller |
