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Joe Thomson and Contract Law in Scotland

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Original languageEnglish
Article number2
Pages (from-to)18-32
Number of pages15
JournalJuridical Review
Publication statusPublished - 20 Mar 2019

Abstract

The paper discusses the late Professor Joe Thomson's contribution to the development of contract law in Scotland. It assesses the possible influences on his thinking about contract law, in particular its positioning in opposition to the "neo-Civilian" crusade in Scots law led by T B Smith. This had its origins, it is suggested, in the views of some of his teachers in the Edinburgh Law Faculty, notably W A Wilson and Alan Watson. Thomson's early appointment at Birmingham led him into teaching and research on English private law, and this, reinforced by 10 years teaching at King's College London, developed his approach to the relevance of English law in the analysis of Scots law. The effects are particularly apparent in two early Scots law papers on fundamental breach and on error. The paper concludes that Thomson was not an unthinking Angliciser of Scots law; instead he saw both systems as founded on rationality which unsurprisingly produced similar outcomes for similar reasons.

ID: 77495778