Abstract
| Language | English |
|---|---|
| Title of host publication | Stair Memorial Encyclopedia |
| Pages | 392-421 |
| Number of pages | 29 |
| Volume | 15 |
| Publication status | Published - 1995 |
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Keywords
- delictual liability
- scots law
- case law
- delict
Cite this
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Defences to delictual liability. / Rodger, B.J.
Stair Memorial Encyclopedia. Vol. 15 1995. p. 392-421.Research output: Chapter in Book/Report/Conference proceeding › Chapter
TY - CHAP
T1 - Defences to delictual liability
AU - Rodger, B.J.
PY - 1995
Y1 - 1995
N2 - A case may be defended on issues of fact, the defender denying one or more of the essential requirements of the delict. The defender may deny that a duty of care is owed; that it is owed by the defender; that it is owed to the pursuer; that the duty has been breached; and that the damages sustained were too remote. Mistake in law by the defender is not a defence to a reparation claim3 and neither, generally, is a mistake in fact4. Consideration of the positive defences below often involves mixed questions of fact and law.
AB - A case may be defended on issues of fact, the defender denying one or more of the essential requirements of the delict. The defender may deny that a duty of care is owed; that it is owed by the defender; that it is owed to the pursuer; that the duty has been breached; and that the damages sustained were too remote. Mistake in law by the defender is not a defence to a reparation claim3 and neither, generally, is a mistake in fact4. Consideration of the positive defences below often involves mixed questions of fact and law.
KW - delictual liability
KW - scots law
KW - case law
KW - delict
UR - http://www1.lexisnexis.co.uk/scotland/lawsscot.htm
M3 - Chapter
VL - 15
SP - 392
EP - 421
BT - Stair Memorial Encyclopedia
ER -