When it comes to legal matters, common sense, humanity and concern are mainly overshadowed v (Youngscot.org, 2014). There are different opinions and stands taken by individuals when it comes to legal matters. However, the ultimate decision lies with the court once legal action has been taken. The scots law govern the legal system in Scotland. The scots law comprises both civil laws and common laws making it a mixed, hybrid legal system. The compilation of the legal actions in Scotland trace back in history (Exton, 1755). It is part of the legal system of the United Kingdom and is applied in combination with the English and Northern Ireland law (Stair, 1987). Evaluating the case of Duncan and Fred there different concerns.
On one hand, Fred is a compassionate and responsible neighbor. Out of the good of his heart he decided to fix the leaking apartment of his neighbor. However, there lacks supportive evidence on the costs he incurred during the fixation process and it Duncan has grounds to refuse to refund him. However, taking the matter from a legal perspective, it can be seen that Fred has different ground for arguing and building his case. The case study clearly stipulates that Duncan was obligated to give his neighbor his keys and contact information during his adventurous journey for contact emergencies and that he could water his plants and feed his pet. The denial of Duncan to refund Fred the expenses he incurred repairing his apartment can be argued from this stand. Fred has justifiable cause to sue Duncan on grounds of negligence (Scottishlaw.org.uk, 2014). The Stewart Dunn’s law of damages applies in Scotland, and Fred can use this clause to his advantage.
According this clause, despite there being no verifiable evidence, Duncan can claim that the absence of his neighbor resulted into a leak that damaged his personal property. To argument and cement this claim, it is clear from the case that Fred did not fix the ceiling from where the leaks occurred (Scotsman.com, 2014). This means that there is evidence of the probable damage that the water from Duncan’s apartment posed to the living conditions of Fred. The law of damages as clarified by Paul Jensen applies in Scotland when it poses either direct or indirect damage to the victim. The Stewart Dunn book on the law of damages clarifies on the matter in the United Kingdom, and Scotland happens to be among the affected nations (Scotland.gov.uk, 2014). The book acts as a manual for the victims of damages and tort. As such, Fred fall under the damages category and he has grounds for claiming that Duncan posed not only a risk to his living conditions, but also an irrefutable health hazard as he was nowhere to be reached. The damages clause covers unnecessary costs and time and stipulates the conditions under which funds are to be refunded to the victim of the damages.
The angry and adamant nature of Duncan exposes him to the unforgiving hand of the law. He could have escaped the indulgence of the law by settling the expenses of replacement in-house with Fred. However, he argues it is unnecessary expensive and that Fred had no business but to leave it, and Duncan would have sorted it once he was back. At the beginning of the case, it is evident that Duncan had some pet fish and plants in the house that he was supposed to care. However, he left without informing any concerned third party. It is a legal requirement in Scotland that pets, of any kind, are the sole responsibility of the owner (Scotland, 1656). In this case, Fred has grounds to file a case against Duncan, who neglected his pet fish on his adventurous journey to the amazon. From a wise man’s point of view, Duncan would not have opened the closet to showcase his dirty linen.
According to the Erasmus guide to obligations, he stipulates that obligations are not limited to the family only (Lawscot.org.uk, 2014). They extend to the properties owned by an individual either solely or jointly. In the case of joint ownership, it should be clearly stipulated on who is taking care of the pets, animals or properties within the joint venture for a stipulated period. Since joint application does not apply in the case of Duncan, it can be inferred that he is solely responsible for feeding the pets in his house. Also, watering plants to keep them alive and under no instance is he to neglect this responsibility without informing the legal authorities. If Fred files this motion in court, the chances for a tilt in favor of Duncan are very minor. This is based on the fact that he will be speaking for the voices that are silent, the plants and the pet fish. To aggravate the matter and face Duncan with the same cruelty that he shows Fred can go a step further and report this to animal activists. In Scotland, the animal health and negligence act that was implemented in 2006 requires that owners oversee the welfare of their animals (Lawscot.org.uk, 2014). This is a clause that Duncan broke by leaving his pet fish unattended.
To conclude the case, Fred has solid ground for turning the case towards his favor. In his defense, he can argue that he broke into Duncan’s house for fear of his safety and fixed a leaking pipe was the right thing to do to protect the damage of his property. Therefore, the counter breaking that may be filled by Duncan has no chance of withstanding this undisputed protection need.
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