Business contractual relationship
Business contractual relationships assessment task outcome.
Damnum injuria datum (wrongful conduct, must be loss or injury suffered by the pursuer, must be causation).
Injuria sine damno (where there is a legal wrong or infringement of a legally protected interest, but no proof of actual loss).
Damnum absque injuria ( loss itself does not give rise to delictual liability).
Negligence is harm caused unintentionally and is, by far and away, the most likely type of delictual action that the Scottish courts will have to deal with. The leading case in respect of negligence actions in Scotland is Donoghue v Stevenson (1932). The rule in Donoghue v Stevenson is that you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Negligence claims arise because the defender owes what is known as a duty of care to the pursuer and, unfortunately, a breach of this duty occurs and, as a result, the defender suffers a loss, injury or damage.
Vicarious liability is responsible for the action, which means injured party can sue the person who benefiting or gaining by the action of the defender.
In this this case, Danny has a negligence caused by the brake fails. If Danny provide standard of care, during negligence of burden of proof, the accident do not normally happen where due care is taken as a necessary condition to be supported in the law. However, as a professional mechanic, he can foresee the accident caused by the brakes problem, so Mrs McGregor can sue him for damages.