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dc.contributor.authorBrown, Jonathanen_UK
dc.description.abstractThird 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.en_UK
dc.publisherSweet and Maxwellen_UK
dc.relationBrown 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.en_UK
dc.rightsThis 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).en_UK
dc.subjectDuty of careen_UK
dc.subjectLegal historyen_UK
dc.subjectPersonal injuryen_UK
dc.subjectProfessional negligenceen_UK
dc.subjectTortious liabilityen_UK
dc.titleThe mouse and the snail: reappraising the significance of Donoghue v Stevenson Part 3 - wrongfulness, blameworthiness and "loss"en_UK
dc.typeJournal Articleen_UK
dc.rights.embargoreason[The Mouse and the Snail Part 3.pdf] Publisher requires embargo of 12 months after publication.en_UK
dc.citation.jtitleScots Law Timesen_UK
dc.type.statusAM - Accepted Manuscripten_UK
dc.contributor.funderUniversity of Strathclydeen_UK
dc.contributor.affiliationUniversity of Strathclydeen_UK
rioxxterms.apcnot requireden_UK
rioxxterms.typeJournal Article/Reviewen_UK
local.rioxx.authorBrown, Jonathan|en_UK
local.rioxx.projectProject ID unknown|University of Strathclyde|
local.rioxx.filenameThe Mouse and the Snail Part 3.pdfen_UK
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