Obligations 1A: Intentional Delicts

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'damnum injuria datum'

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An obligation arises only where loss has been wrongfully caused.

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'damnum absque injuria'

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Loss without wrongful conduct - does not give rise to an obligation to make reparation.

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'injuria sine damno'

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Legal wrong, without proof of actual loss - not actionable.

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Definition of 'delict'

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a voluntary conduct, by act or omission, by one person, with therequisite state of mind, in breach of duty, imposed on that person by generalrules of law, owed in the circumstances by that person to another person,causing that other unjustifiable harm by the infringement of a legallyprotected interest, and redressable by civil process at the other’s instance.’

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types of liability

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- personal liability

- joint and several liability

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ASSAULT

(INTENTIONAL DELICTS RELATING TO PERSONS)

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EWING V EARL OF MAR (1851)

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DEFENCES FOR ASSAULT

(INTENTIONAL DELICTS RELATING TO PERSONS)

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consent;

MOYES V LOTHIAN HEALTH BOARD 1990

self-defence;

MARCO V MERRENS

reasonable chastisement of children;

s.12(7) CHILDREN AND YOUNG PERSONS (SCOTLAND) ACT 1937

GUEST V ANNAN 1988

authorisation

TOLMIE V THE SCOTTISH MINISTERS 2003

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SEDUCTION & ENTRAPMENT

(INTENTIONAL DELICTS RELATING TO PERSONS)

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MURRAY V FRASER 1916

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ENTICEMENT

(INTENTIONAL DELICTS RELATING TO PERSONS)

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S.2(2) LAW REFORM (HUSBAND & WIFE) (SCOTLAND) ACT 1984

- no person shall be liable in delict to any person by reason only of havinginduced the spouse of that person to leave or remain apart from thatperson.

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INJURIES TO LIBERTY

(INTENTIONAL DELICTS RELATING TO PERSONS)

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ART. 5, EUROPEAN CONVENTION ON HUMAN RIGHTS

AUSTIN V UK (2012)

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HARASSMENT

(INTENTIONAL DELICTS RELATING TO PERSONS)

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MARINELLO V EDINBURGH CITY COUNCIL 2011

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MISUSE OF PRIVATE INFORMATION

(INTENTIONAL DELICTS RELATING TO PERSONS)

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CAMPBELL V MGN Ltd [2004] ((not binding))

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TRESPASS (heritable property)

(INTENTIONAL DELICTS RELATING TO PROPERTY)

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WINANS V MACRAE

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aemulatio vicini (heritable property)

(INTENTIONAL DELICTS RELATING TO PROPERTY)

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'the exercise of a legal right only to cause annoyance, harm, or injury to another'

MORE V BOYLE 1967

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TRESPASS (corporeal moveable property)

(INTENTIONAL DELICTS RELATING TO PROPERTY)

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LEITCH V LEYDON 1931

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GOODWILL: PASSING OFF (moveable property)

(INTENTIONAL DELICTS RELATING TO PROPERTY)

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CELLULAR CLOTHING CO LTD V MAXTON & MURRAY

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CONFIDENTIAL INFO (moveable property)

(INTENTIONAL DELICTS RELATING TO PROPERTY)

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BAILEY V GRAHAM [2011]

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GENERAL PRINCIPLES

(INTENTIONAL ECONOMIC DELICTS)

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ALLAN V FLOOD [1898]

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INDUCEMENT OF BREACH OF CONTRACT

(INTENTIONAL ECONOMIC DELICTS)

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CALOR GAS LTD V EXPRESS FUELS (SCOTLAND) LTD [2008]

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INFLICTING HARM/CAUSING LOSS BY UNLAWFUL MEANS

(INTENTIONAL ECONOMIC DELICTS)

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OBG LTD & ANOTHER V ALLAN & OTHERS [2007]

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INTIMIDATION

(INTENTIONAL ECONOMIC DELICTS)

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ROOKES V BARNARD [1964]

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CONSPIRACY

(INTENTIONAL ECONOMIC DELICTS)

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QUEEN V LEATHEM [1901]

types of conspiracy:

1) unlawful means conspiracy- Constantin Media AG v Ecclestone [2014]

2) lawful means conspiracy- Crofter Hand Woven Harris Tweed Co Ltd v Veitch 1942