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Negligence

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Original languageEnglish
Title of host publicationA History of Private Law in Scotland
EditorsKenneth Reid, Reinhard Zimmermann
PublisherOxford University Press
Pagesch 17
Volume2: Obligations
ISBN (Print)0198299419, 9780198299288
DOIs
Publication statusPublished - 2000

Abstract

This chapter focuses on the year 1795 until 1932, a period which marks a great shift and change in the history of the law of delict in Scotland. In the early period of Scots’ law of delict, negligence does appear however it was treated as an element of particular claim rather than as a general basis for liability. This concept of negligence changed as the Scottish courts became increasingly aware of the jurisdictions of the concept of duty, reasonableness, and foreseeability. The chapter also outlines the convergence of the Scots and English law of negligence during the 19th century which affected the radical shift and orientation of the Scots law on negligence and duty.

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