Defences to delictual liability

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

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.
LanguageEnglish
Title of host publicationStair Memorial Encyclopedia
Pages392-421
Number of pages29
Volume15
Publication statusPublished - 1995

Fingerprint

liability
delict
reparation
Law
damages

Keywords

  • delictual liability
  • scots law
  • case law
  • delict

Cite this

Rodger, B. J. (1995). Defences to delictual liability. In Stair Memorial Encyclopedia (Vol. 15, pp. 392-421)
Rodger, B.J. / Defences to delictual liability. Stair Memorial Encyclopedia. Vol. 15 1995. pp. 392-421
@inbook{00dcc2b14b3647a3b6c0d39461bce51b,
title = "Defences to delictual liability",
abstract = "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.",
keywords = "delictual liability, scots law, case law, delict",
author = "B.J. Rodger",
year = "1995",
language = "English",
volume = "15",
pages = "392--421",
booktitle = "Stair Memorial Encyclopedia",

}

Rodger, BJ 1995, Defences to delictual liability. in Stair Memorial Encyclopedia. vol. 15, pp. 392-421.

Defences to delictual liability. / Rodger, B.J.

Stair Memorial Encyclopedia. Vol. 15 1995. p. 392-421.

Research output: Chapter in Book/Report/Conference proceedingChapter

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 -

Rodger BJ. Defences to delictual liability. In Stair Memorial Encyclopedia. Vol. 15. 1995. p. 392-421