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Reply 180
You use Donoghue v Stevenson in Scots Law? :holmes:

Seems strange, considering it's a Tort case for us.
thejonsmith
You use Donoghue v Stevenson in Scots Law? :holmes:

Seems strange, considering it's a Tort case for us.


We do, on occasion, refer to English law cases as a means of "guidance" :p: and this must be relevant or significant. I guess I will find out soon.
It's, er, a Scottish case (I know it gets used in English law as well, but the case itself originated in Paisley and went to the Court of Session before going to the House of Lords).
(edited 13 years ago)
Reply 183
missimpossible
It's, er, a Scottish case (I know it gets used in English law as well, but the case itself originated in Paisley and went to the Court of Session before going to the House of Lords).


I meant the House of Lords consideration of it, specifically.

Sorry, I forget the case was used before the HoL, as it's only their decision we use.
Reply 184
Celtic_Anthony
It's still a Scottish case, the House of Lords decided it as a matter of Scots Law.


Adopted into English law as one of the most important principles in Tort Law... which is why I ask, what do you use the case for? :holmes:
Custody rights between estranged parents
I don't think the contents of the case itself are relevant to our module (probably will be in future modules) but I think we, at the moment, are using it simply to help develop necessary "skills".
Reply 187
Celtic_Anthony
:mute:

The case is the defining case in the law of negligence, with the introduction of the neighbourhood principle. Do you think we would use it for something else? Funnily enough, the Scottish cases follow it the same as the English ones. The Scottish courts were bound by the decision, the English ones decided that the Scots position was the correct one in English law too...


The neighbourhood principle?! The neighbour principle is used for us within Tort law, which involves liability for negligence, but isn't simply that alone.

So, in answer, the Scottish courts use the case for matters involving negligence?
(edited 13 years ago)
becbec :)
Yeh I've just been given my first case study, with 10 questions to answer before October 1st. It's R v Gemmell and Richard, with questions about recklessness and developments since Caldwell. No idea how I should approach it really - currently I'm just reading it through a few times and putting stars next to the parts that I think will help me answer the questions. Any tips?


I remember that case! My favourite quotation from the judgment (can't remeber who said it) is:

Stupidity is not a blameworthy state of mind.


:biggrin:

What are the questions like? Are they reading comprehension-style, or things to think about for a discussion? :smile:
My books have been dispatched. :dance:

And we have 3 dates for various "prestigious" firms coming over and for the annual Law Fair.
G8D
I take it we don't get any indication of what books to have outside of the Moodle documentation?

I also assume it's not expected to have all Semester 1 books by Monday :/


Nope, you don't get anything like that because that would be helpful. The only book you really need for SISL is the Turpin & Tomkins one - and the e-book is available on the library website. Personally had to have a hard copy myself (round about £35). It's pretty comprehensive for SISL - it's also a very dry read. I wasn't a big fan of SISL really. Some parts are really interesting - personally I like the Human Rights stuff, and some of the first two units - but it wasn't for me. I think why a lot of people don't like it is that it tries to cover so much in so little time - other unis, Caley for one, split it up into different subjects, each with an exam at the end. You should manage alright, just make sure you prepare for the tutorials - but don't bother with the additional reading, otherwise you might die from the strain. Group exercise is easy marks IF you can get in a group with people who aren't complete diddies (I had my own fun experience where I was in a group of four people, one of whom disappeared, and another of whom dropped out) - so try and suss out the clever people in your tutorial quickish and team up with them. Legal Methods looks much worse than it is - once you break it down it's fine. Studying for the exam is the most stressful thing ever because of the breadth of the course, but I think they're fairly lenient on the marking. And I have no idea about S. Craig. I got Jim Murdoch, who was a sound guy, but had a tendency to not, er, cover whatever it was we were supposed to be covering.

Sorry, that turned into a bit of a tl;dr - SISL tends to bring out my ranting side :p:

And nah, I wouldn't worry too much as there's not too much reading in your first week, as long as you've got them before you start tutorials because you will need them then :p:

EDIT: When I say one of our group disappeared, I mean they defected to another group - if she'd ACTUALLY disappeared I might have been more inclined to be sympathetic.
(edited 13 years ago)
Reply 191
Tortious
What are the questions like? Are they reading comprehension-style, or things to think about for a discussion? :smile:


Most are comprehension - 'What offence had the appellants been charged?', 'What issue is raised?' etc, but I think some are leading to discussion. This is the preparation for our first criminal supervision :yep:
Celtic_Anthony
Good post, especially this. One of the guys in my group dropped out, but hadn't told anyone because he still wanted his Student Loan. What a chancer :lol:


The drop out in our group couldn't make up her mind whether to drop out, then kept saying she was waiting on hearing back from a job she'd been interviewed for. Sigh. I hated that task.

I spent £98 on three books today. I hate Law.
Statute Book


Laura J Macgregor, Avizandum Legislation on The Scots Law of Obligations, 4th edn Avizandum (2009)

You are allowed to take this text into the exams for this module and for Delict on the following conditions:

The text must not be marked in any way except that you may write your name on the inside cover and you may use flourescent highlighter pens to highlight or underline text.

Other than the inscription of your name the text must not be marked with post-its or equivalent or with ball point, roller ball, fountain, cartridge, non-flourescent felt-tip or quill pen, crayon, pastel, paint, creosote or other preservative or chalk.

Any text found in breach of this rule will be removed from the candidate for the duration of the exam. The decision on whether marks fall within or outwith the rule lies with the invigilator or person acting for him or her whose decision shall be final.

Please note.
Past experience indicates that only a minority of students is able to use the statute book to advantage in the exam hall. Unless you are already reasonably familiar with the relevant provisions, you know what they are and can find them quickly, having the book in the exam hall is of no great benefit. The book is only useful if you are prepared to study the statutory provisions covered in the module as the module progresses. In short, the book will only help if you know what is in it and trying to get hold of a copy at the last minute before the exam will reveal you as a fool.


I ordered it and hope I'm actually able to use it properly. :K:
(edited 13 years ago)
Celtic_Anthony
That's a bloody nuisance, and you'd feel bad going to the tutor about it.

Did you see my post in the Glasgow Uni thread? £396 for one of my recommended texts. Joy. The other 2 for that course come to a nice £150, so it's not all bad :indiff:


Yeah, exactly. I ended up going to the tutor about it after she left, maybe 10 days before it had to be handed in - he was also my adviser last semester because my actual adviser was away. Anyway, I got an email from him telling me to speak to my adviser about it. Which was him. Odd man.

And yeah, I saw that :eek: I'm only complaining because I got the rest cheaper :p:. But that's... do they actually expect you to BUY that?
I don't think I ever want to drink ginger beer now... decomposed snails :shifty:
May the force of the Law be with you. :moon:
Celtic_Anthony
Wasn't actually ginger beer, the case just proceeded on that premise because the Judges weren't au fait with Glasgow slang. It was just a "boatil o' ginger", or so we were told.


Interesting, haven't read the entire case yet. :holmes: What modules are you doing this year?

Best get back to work. :sigh:

Tasks

Task 1: For a brief but straight forward introduction to the facts of the case, an outline of the legal arguments put by counsel and a majority view, read Lord Thankerton's speech [pages 58-61]which largely confines itself to the facts and (unlike some of the other speeches) has very little discussion of the authorities.

As you read, identify the arguments based upon the facts and those based upon the law in the speech, and think about the significance of that distinction. Make a list of what you consider to be the key facts and the key legal arguments.


Task 2: Read the speeches of Lord Buckmaster and Lord Atkin in that order.
Identify the policy reasons behind Lord Atkin's reasoning [at pages 44-46] and think about the particular emphasis he placed upon moral responsibility.

Task 3: Compare Lord Atkin's policy reasons with those referred to in Lord Buckmaster's speech [at pages 42-44] and consider the reasons why these two judges differed in their respective emphases.


Two tasks to go.
Celtic_Anthony
Wasn't actually ginger beer, the case just proceeded on that premise because the Judges weren't au fait with Glasgow slang. It was just a "boatil o' ginger", or so we were told.


:lol: Seems like the tutor got a bit lost. You get anything out of it? And fair play for going to them, right thing to do.

I'm unsure, I'm hoping the School gets a discount like it does for Tax Law. Either that or the library orders in 100 copies...


Nah, we were just told to get on with it and ended up with a C2. Was a bit annoyed, but I guess it could have been worse. I've learned my lesson about group-picking though :p:

G8D
First day tomorrow :moon:


Good luck :smile:
Best get my reading done.