The Law of Delict in Scotland

Elspeth Reid

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An exhaustive account of the modern law of Delict in a historical and comparative context

  • Covers negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies
  • Includes an introductory section that sets out the historical foundations for the modern law, and explains the principles common to all areas of liability
  • Essential reading at all levels in Scottish law schools (undergraduate, taught and research postgraduates, and academics) and for the Scottish legal profession: solicitors, advocates and in-house lawyers
  • Cross-referenced throughout for easy navigation

In this important book, Elspeth Reid presents an integrated treatment of the law of Delict in Scotland. Alongside its focus upon the Scots sources, where appropriate it also gives full consideration to case law and commentary from other jurisdictions, especially England and Wales.

Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Legislation

Part I. Introduction

1. Historical Introduction

2. Fundamental Concepts

3. Liability for the Acts of Others

Part II. Negligence

4. Duty of Care

5. Economic Loss

6. Psychiatric Injury

7. Public Authorities

8. Roads Authorities

9. The Emergency Services

10. Standard of Care

11. Professional Negligence

12. Liability of Employers to Employees

Part III. Causation and Remoteness

13. Factual Causation

14. Legal Causation and Remoteness of Damage

Part IV. Injuries to Specific Interests

15. Intention and Malice

16. Interference with Bodily and Mental Integrity

17. Wrongful Deprivation of Liberty

18. Defamation and Malicious Publication

19. Breach of Confidence

20. Invasion of Privacy

21. The Economic Delicts

22. Nuisance

23. Interference with Property Rights

Part V. Statutory Liability

24. Breach of Statutory Duty

25. Occupiers’ Liability

26. Product Liability

27. Statutory Liability for Harm caused by Animals

28. Protection from Harassment

Part VI. Defences and Remedies

29. Defences and Contributory Negligence

30. Prescription and Limitation

31. Remedies


Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh. She has published extensively in Scotland and abroad on comparative private law themes, including in particular the law of delict/tort. She is the Series Editor of the Edinburgh Studies in Law monograph series.

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