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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Pleading the Occupiers’ Liability (Scotland) Act and the Common Law: A solution to a logical problem
Author(s): Stewart, William
Keywords: delict
occupiers liability
Liability (Law) Scotland
Issue Date: 2007
Date Deposited: 28-Jan-2009
Citation: Stewart W (2007) Pleading the Occupiers’ Liability (Scotland) Act and the Common Law: A solution to a logical problem. Juridical Review, 2007 (1), pp. 53-63.
Abstract: The Occupiers’ Liability (Scotland) Act 1960 successfully reformed the law. Practical problems have emerged over time as to the relationship between the Act and the common law. While it may be that these problems must remain, an understanding of the historical and theoretical background to the legislative changes, and developments since, may justify an alternative reading which allows the literal or logical problems to evaporate.
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