The Mouse and the Snail: Reappraising the Significance of Donoghue v Stevenson: Part 2 - the "intellectual superstructure" of Scots delict

Citation

Brown J (2022) The Mouse and the Snail: Reappraising the Significance of Donoghue v Stevenson: Part 2 - the "intellectual superstructure" of Scots delict. Scots Law Times, 2022 (36), pp. 235-242.

Abstract
Second in a four-part series. Presents a conceptual 'map' of the so-called 'intellectual superstructure' of the Scots law of delict, identifying the topic of 'delict' itself as a taxonomical 'family' under which can be found four distinct 'genera': liability based on damnum injuria, liability based on iniuria, liability for wrongful interference with property, and liability for the commission of nominate 'delicticles' which have in common only the fact that they involve mechanisms for determining the wrongfulness of acts and omissions as well as the 'blameworthiness' of persons.

Keywords
Common law; Duty of care; Foreseeability; Legal history; Personal injury; Professional negligence; Scotland; Tortious liability

Journal
Scots Law Times: Volume 2022, Issue 36

• Accepted Manuscript