Delict : A Comprehensive Guide to the Law

by McManus, Francis; Bisacre, Josphine; Maule, Douglas; Russell, Eleanor McGregor

• ISBN13: 9780471969167
• ISBN10: 0471969168
• Edition: 1st
• Format: Paperback
• Copyright: 1999-05-04
• Publisher: WILEY

Summary

"This new work provides a reminder of how extensive is the range of the law of delict The subject might suggest the image of a large mansion to which many additions have been made over the years in response to changing conditions in society This book rises to the challenge and offers the fortunate visitor a systematic guide to the edifice." From the Foreword by The Rt Hon. Lord Cullen PC, Lord Justice-Clerk The Scots law of delict encompasses a vast array of legal sources and contradictions many elements are modern and highly developed while others remain ancient and obscure. The majority of delictual principles are caselaw driven and yet, increasingly, legislation plays a part. Further, although the concept of delict is limited to the Scottish jurisdiction, private international law cannot be ignored. Recognising the multi-faceted nature of the subject, the authors of Delict have produced, in one single volume, a truly comprehensive guide to the law. Illustrated throughout with numerous explanatory case studies, and featuring key questions after each chapter which act as a useful aid to comprehension, this is essential reading for all students encountering delict for the first time as well as practitioners who require a ready reference for their practice.

Table of Contents

Foreword by the Rt. Hon. Lord Cullen, PC, Lord Justice-Clark.

Preface.

Tables.

Introduction.

The Duty of Care.

The Duty of Care - Negligent Statements.

The Duty of Care - Pure Economic Loss.

The Duty of Care - Nervous Shock.

The Duty of Care - The Duty of Affirmative Action.

The Duty of Care - Liability for Third Parties.

The Duty of Care - Breach of Duty.

Causation.

Professional Negligence.

Breach of Statutory Duty.

Nuisance and in Aemulationem Vicini.

Animals.

Fraud.

Employer's Liability.

Trespass.

Misfeasance in Public Office.

Spuilzie.

Injuries Against the Person.

Defamation.

Economic Delicts.

Passing Off.

Breach of Confidence.

Liability for Dangerous Products.

Occupiers' Liability.

Vicarious Liability.

Defences in Delict.

Remedies.

Evidential and Practical Matters.

Transfer and Extinction of Liability.

The Role of Insurance and of Other Compensation Systems as Methods for the Compensation of Victims of Delict.

Private International Law and Delict.