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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: The Mouse and the Snail: Reappraising the Significance of Donoghue v Stevenson Part IV - "Remoteness", not "Duty"
Author(s): Brown, Jonathan
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Keywords: Donaghue vs Stevenson
Scots Law
delictual liability
Issue Date: 2022
Date Deposited: 30-Aug-2022
Citation: Brown J (2022) The Mouse and the Snail: Reappraising the Significance of Donoghue v Stevenson Part IV - "Remoteness", not "Duty". <i>Scots Law Times</i>, 2022 (38).
Abstract: Final article in a four-part series. Argues that notwithstanding the fact that the case of Donoghue v Stevenson 1932 SC (HL) 71 is celebrated in Scotland, the 'duty of care' concept which it cemented in Scots law is in fact nugatory. Contends that the principle of 'remoteness of damages' - still used in practice today, with the law pertaining to such clarified by Simmons v British Steel Plc 2004 SC (HL) 94 - in fact serves to properly limit the actionability of claims for wrongfully caused loss. Suggests that reference to both the 'duty of care' principle and 'remoteness' principle results in a confusing and unnecessary duplication of conceptual effort, even in those cases in which Professor Wilson suggested that the 'duty' idea might be fruitfully employed. Concludes by suggesting that the Scots law of delict - more or less directly as a result of the decision in Donoghue - is in danger of fragmenting into an unstructured mass of 'deliticles' a la the Common law system and that such would be a regrettable (and indeed ironic) development.
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is a pre-copyedited, author-produced version of an article accepted for publication in Scots Law Times following peer review. The definitive published version Brown J (2022) The mouse and the snail: reappraising the significance of Donoghue v Stevenson: Part 1 - a case worth celebrating? Scots Law Times, 2022 (38) is available online on Westlaw UK. Reuse is allowed under an unrestricted use licence (CC BY).
Notes: Output Status: Forthcoming
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