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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.
Delict (from Latin dēlictum, past participle of dēlinquere ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct.
Bourhill v Young [1943] AC 92 (also titled Hay v Young) is a Scottish delict case, on the subject of how extensive an individual's duty is to ensure others are not harmed by their activities. The case established important boundaries on the scope of recovery for bystanders, or those uninvolved with physical harm.
Part of a series on Scots law Administration Justice and Communities Directorate of the Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Judicial Complaints Reviewer Parole Board for Scotland Legal Aid Board Courts & Tribunals Service College of Justice Office of the Public Guardian Scottish Sentencing Council Law Commission Criminal Cases Review Commission Prison ...
Verbal injury is a delict in Scotland. Proof of special damage In any action for verbal injury it is not necessary for the pursuer to aver or prove special damage if the words on which the action is founded are calculated to cause pecuniary damage to the pursuer.
Hughes v Lord Advocate [1963] UKHL 31 is an important Scottish delict case decided by the House of Lords on causation.The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se).
Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a Scottish delict, medical negligence and English tort law case on doctors and pharmacists that outlines the rule on the disclosure of risks to satisfy the criteria of an informed consent.
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.