Delict (Scots Law) - Defences

Defences

Once the pursuer has established on the balance of probabilities that he was owed a duty of care by the defender, and that the defender’s failure to achieve the standard of care expected caused the loss or injury for which the pursuer is seeking a remedy, the pursuer may be said to have established a prima facie case. This means that ‘at first sight’ the pursuer will win and the onus of proof shifts to the defender. The defender can attempt to avoid liability or have the amount of damages which is sought by the pursuer reduced by putting forward appropriate defences are attempting to argue that the damage or injury for which the pursuer is seeking compensation is too remote a consequence of the defender’s negligence.