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Delict in Scots law is the area of law concerned with those civil wrongs which are actionable before the Scottish courts. The Scots use of the term 'delict' is consistent with the jurisdiction's connection with Civilian jurisprudence; Scots private law has a 'mixed' character, blending together elements borrowed from Civil law and Common law, as well as indigenous Scottish developments.
Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law.
In Italian law, delitto penale is the same concept, but illecito civile extracontrattuale (or delitto civile), like delict in Scots law, is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them, akin to common-law tort.
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords.It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
This Scottish case initially caused some excitement amongst English academic lawyers who thought it heralded the fusion of contract and tort into a single "law of obligations". Although textbooks were written with such a title, [2] the idea did not generally catch on, and Junior Books has since become "a very distinguished case". [3]
Tort law, Vicarious Liability: Barclays Bank PLC was not vicariously liable for the acts of a self-employed doctor who was engaged to carry out medical examinations of its staff and was accused of sexual assault. [14] Whittington Hospital NHS Trust v XX [2020] UKSC 14: 1 April Tort Law, medical negligence
Kay's Tutor v. Ayrshire & Arran Health Board [1987] 2 All ER 417; 1987 S.C. 145; 1987 S.L.T. 577; is a Scots Delict Law case concerning causation in a medical negligence context. It was decided by the House of Lords, with Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Griffiths, Lord Mackay of Clashfern and Lord Ackner sitting.
Muir v Glasgow Corporation 1943 SC(HL) 3, is a leading case in the development of the law of negligence and forms part of Scots delict law and English tort law. [1] [2] It embeds the concept of the reasonable person.
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