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.
| Original language | English |
|---|---|
| Title of host publication | Stair Memorial Encyclopedia |
| Pages | 392-421 |
| Number of pages | 29 |
| Volume | 15 |
| Publication status | Published - 1995 |
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)