Subject Qualification: Degree of LL.

B, School of Law
Session: 2014/15
Examination Title: Obligations 1A (Resit)

Course Code: LAW1021_1

Date: 4 August 2015
Time: 14.30 – 16.00

Instructions:

Candidates should answer THREE questions

Parts of questions carry equal weight.

Writing is permitted only on examination script books. Any written work

not intended to be marked should be scored through

CONTINUED OVERLEAF

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1. Jillian is a senior manager in the Collateral Bank, a large bank which had to
be taken over by the Government after the last financial crisis. She is having
dinner one evening in an exclusive restaurant when she is approached by
Maria, who was a shareholder in the bank before it was taken over. It is clear
that Maria has been drinking, and the discussion degenerates, with an angry
Maria accusing Jillian of being a fraudster, incompetent, taking bribes and
being in league with Silvio Berlusconi to bring the bank to its knees.

As Jillian leaves the restaurant some time later, she finds that Maria is waiting
for her, and a press photographer photographs Jillian as she runs away from
Maria. The next morning, Jillian finds the photograph on the front page of a
national newspaper, the Daily Informer, together with a story which sets out
the details of the relationship which Jillian, who is in a civil partnership with
Deanna, is having with a junior official at the Government department which
oversees the bank where she works.

Finally, Jillian is concerned that groups of young people are crossing through
her very large back garden as a short-cut to the local park.

Advise Jillian fully as to delictual issues arising.

2. Explain, with reference to case law, the criteria which must be satisfied before
a defender’s conduct will be deemed to constitute breach of the duty of care
which, ex hypothesi, the defender owes to the pursuer.

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3. On 5 July 2014 John (18) was seriously assaulted by Ronald (38). At that
time, Ronald was a doorman employed by Secure Doors Limited. On 5 July
2014 he was assigned by Secure Doors Limited to work at the Colosseum
nightclub (owned by Entertainment (Glasgow) Limited). John was ejected
from the nightclub at 10.33 PM by Ronald for disruptive behaviour. CCTV
footage shows John attempting to re-enter the nightclub on three occasions
between 10.45 PM and 11.30 PM. On the third attempt John can be seen
throwing a bag of chips at Ronald. The footage shows Ronald then violently
assaulting John within metres of the nightclub front door. Ronald was charged
with assault following the incident and was later sentenced on 1 September
2014 to 3 months imprisonment. Ronald had five prior convictions for assault.
The most recent conviction was from December 2012 and related to an
incident of football hooliganism. His other convictions were from the 1980s.
On 4 July 2014, whilst working at the Colosseum, Ronald was assaulted by a
member of the public whom he had ejected from the nightclub. His colleagues
at the Colosseum were surprised at how “upset” and “angry” Ronald was after
he was assaulted. Ronald himself was restrained by a fellow bouncer and
sent home early on 4 July 2014. Between 2 July and 5 July Ronald worked 46
hours at the Colosseum. On 1 July he told Secure Doors Limited that he
needed overtime because he was “struggling to pay the bills.” He told a
colleague on 30 June 2014 that he was on anti-depressants. John wishes to
sue Secure Doors Limited for damages.

Advise Secure Doors Limited with regards to the law of delict.

4. Does a solicitor have any immunity from claims of professional negligence?

Discuss with reference to case law.

5. Write explanatory notes on BOTH of the following topics: -

a. The requirements which must be met to establish both a lawful means

conspiracy and an unlawful means conspiracy.

AND

b. The concept of causation in the context of delictual liability for

unintentional harm.

END OF QUESTION PAPER