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http://hdl.handle.net/1893/34689| 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 2 - the "intellectual superstructure" of Scots delict |
| Author(s): | Brown, Jonathan |
| Contact Email: | jonathan.brown@stir.ac.uk |
| Keywords: | Common law Duty of care Foreseeability Legal history 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 2 - the "intellectual superstructure" of Scots delict. <i>Scots Law Times</i>, 2022 (36), pp. 235-242. |
| Abstract: | Second in a four-part series. Presents a conceptual 'map' of the so-called 'intellectual superstructure' of the Scots law of delict, identifying the topic of 'delict' itself as a taxonomical 'family' under which can be found four distinct 'genera': liability based on damnum injuria, liability based on iniuria, liability for wrongful interference with property, and liability for the commission of nominate 'delicticles' which have in common only the fact that they involve mechanisms for determining the wrongfulness of acts and omissions as well as the 'blameworthiness' of persons. |
| 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 2 - the "intellectual superstructure" of Scots delict. Scots Law Times, 2022 (36), pp. 235-242. 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/ |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| The Mouse and the Snail Part 2.pdf | Fulltext - Accepted Version | 191.74 kB | Adobe PDF | View/Open |
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