Pleading the Occupiers’ Liability (Scotland) Act and the Common Law: A solution to a logical problem

Citation

Stewart W (2007) Pleading the Occupiers’ Liability (Scotland) Act and the Common Law: A solution to a logical problem. Juridical Review, 2007 (1), pp. 53-63.

Abstract
The Occupiers’ Liability (Scotland) Act 1960 successfully reformed the law. Practical problems have emerged over time as to the relationship between the Act and the common law. While it may be that these problems must remain, an understanding of the historical and theoretical background to the legislative changes, and developments since, may justify an alternative reading which allows the literal or logical problems to evaporate.

Keywords
delict; occupiers liability; Liability (Law) Scotland

Journal
Juridical Review: Volume 2007, Issue 1