Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/34687
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 3 - wrongfulness, blameworthiness and "loss"
Author(s): Brown, Jonathan
Contact Email: jonathan.brown@stir.ac.uk
Keywords: Duty of care
Foreseeability
Legal history
Loss
Personal injury
Professional negligence
Scotland
Tortious 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 3 - wrongfulness, blameworthiness and "loss". <i>Scots Law Times</i>, 2022 (37), pp. 247-255.
Abstract: Third in a four-part series. Identifies that the twin factors tying together all cases of 'delict' is the need to establish the 'wrongfulness' of the defender's act or omission as well as the 'blameworthiness' of the defender for the wrong. Notes that liability under damnum iniuria (i.e., Aquilian liability) has an additional requirement that is anterior to wrongfulness: the need to prove the occurrence of a legally recognised 'loss'. Suggests that liability under damnum iniuria is principally determined by assessing the 'remoteness' of the pursuer's 'damage' with the law recognising a divide between 'primary' and 'secondary' victims which goes beyond the cases of psychiatric injury in which the bifurcation has hitherto been recognised. Concludes by suggesting that the process of assessing the actionability of blameworthy wrongfulness under the principles of Aquilian liability by reference to 'remoteness of damages' renders the language of 'duty' - particularly the concept of the 'directional duty care' - otiose.
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 (37), pp. 247-255. is available online on Westlaw UK. Reuse is allowed under an unrestricted use licence (CC BY).
Licence URL(s): http://creativecommons.org/licenses/by/4.0/

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