Delict (Scots law) (original) (raw)
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. The term tort law, or 'law of torts', is used in Anglo-American (Common law) jurisdictions to describe the area of law in those systems. Unlike in a system of torts, the Scots law of delict operates on broad principles of liability for wrongdoing: 'there is no such thing as an exhaustive list of named delicts in the law of Scotland. If the conduct complained of appears to be wrongful, the law of Scotland wi
| Property | Value |
|---|---|
| dbo:abstract | 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. The term tort law, or 'law of torts', is used in Anglo-American (Common law) jurisdictions to describe the area of law in those systems. Unlike in a system of torts, the Scots law of delict operates on broad principles of liability for wrongdoing: 'there is no such thing as an exhaustive list of named delicts in the law of Scotland. If the conduct complained of appears to be wrongful, the law of Scotland will afford a remedy even if there has not been any previous instance of a remedy being given in similar circumstances'. While some terms such as assault and defamation are used in systems of tort law, their technical meanings differ in Scottish delict. Although the law of delict affords reparation for wrongdoing such as assault, invasions of privacy and interference with property, 'in modern times statistically most of the case law on delict has been concerned with the law of negligence, interpretation of statutory regulations in workplace accident cases, and (particularly in the nineteenth century) defamation'. As in South Africa, there is no nominate 'tort' or 'delict' of negligence in Scotland, but rather the law recognises that delictual liability will arise where one person negligently [or indeed intentionally or recklessly] causes loss to another. In addition to this, the law of delict will afford remedy where legally recognised affront has been suffered, a pursuer's property interests have been interfered with, or some specific and nominate form of wrongdoing has been proven to occur (e.g., where the pursuer has been defamed). (en) |
| dbo:wikiPageExternalLink | https://www.bbc.co.uk/programmes/m0001rbq https://www.bailii.org/cgi-bin/format.cgi%3Fdoc=/scot/cases/ScotCS/1999/61.html&query=(title:(+gibson+))+AND+(title:(+v+))+AND+(title:(+orr+)) |
| dbo:wikiPageID | 1459673 (xsd:integer) |
| dbo:wikiPageLength | 22930 (xsd:nonNegativeInteger) |
| dbo:wikiPageRevisionID | 1123477011 (xsd:integer) |
| dbo:wikiPageWikiLink | dbr:Scotland dbr:Scots_Law dbr:Defamation dbr:United_Kingdom dbr:Insult_(legal) dbr:Interdict dbr:Roe_v_Minister_of_Health dbr:Damnum_iniuria_datum dbr:Legal_fiction dbr:Common_law dbr:Furtum dbr:Donoghue_v._Stevenson dbc:Delict dbr:Tort dbr:James_Dalrymple,_1st_Viscount_of_Stair dbr:Causation_(law) dbr:Legal_person dbr:Ratio_decidendi dbr:Reparation_(legal) dbr:Res_ipsa_loquitur dbr:Volenti_non_fit_injuria dbr:Asbestos dbr:Assault dbc:Scots_law_legal_terminology dbc:Scots_private_law dbr:Latin dbr:Donoghue_v_Stevenson dbr:Bolton_v_Stone dbr:Civil_law_(legal_system) dbr:Civil_wrong dbr:Hughes_v_Lord_Advocate dbr:Appellate_Committee_of_the_House_of_Lords dbr:Institutes_of_Justinian dbr:Caparo_Industries_plc_v_Dickman dbr:Standard_of_care dbr:Muir_v_Glasgow_Corporation dbr:European_tort_law dbr:Solatium dbr:Paris_v_Stepney_Borough_Council dbr:Rapina dbr:South_African_Law dbr:Damnum_Injuria_Datum dbr:Scott_v_London_&_St_Catherines_Docks dbr:Titchener_v_British_Railways_Board_1984 |
| dbp:wikiPageUsesTemplate | dbt:UK_law dbt:Europe_topic dbt:Main dbt:More_citations_needed dbt:Reflist dbt:Short_description dbt:Use_dmy_dates dbt:Scots_law |
| dcterms:subject | dbc:Delict dbc:Scots_law_legal_terminology dbc:Scots_private_law |
| rdfs:comment | 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. The term tort law, or 'law of torts', is used in Anglo-American (Common law) jurisdictions to describe the area of law in those systems. Unlike in a system of torts, the Scots law of delict operates on broad principles of liability for wrongdoing: 'there is no such thing as an exhaustive list of named delicts in the law of Scotland. If the conduct complained of appears to be wrongful, the law of Scotland wi (en) |
| rdfs:label | Delict (Scots law) (en) |
| owl:sameAs | freebase:Delict (Scots law) wikidata:Delict (Scots law) https://global.dbpedia.org/id/4ihbM |
| prov:wasDerivedFrom | wikipedia-en:Delict_(Scots_law)?oldid=1123477011&ns=0 |
| foaf:isPrimaryTopicOf | wikipedia-en:Delict_(Scots_law) |
| is dbo:wikiPageRedirects of | dbr:Tort_law_in_Scotland dbr:Scots_Delict_Law dbr:Scots_Law_of_Delict dbr:Scots_delict dbr:Scots_delict_law dbr:Scots_tort_law dbr:Scottish_delict dbr:Scottish_delict_case |
| is dbo:wikiPageWikiLink of | dbr:List_of_United_Kingdom_Supreme_Court_cases dbr:Tort_law_in_Scotland dbr:Possession_(Scots_law) dbr:Prescription_(Scots_law) dbr:Scots_family_law dbr:Stalking dbr:Junior_Books_Ltd_v_Veitchi_Co_Ltd dbr:Culpable_and_reckless_conduct dbr:Diligence_(Scots_law) dbr:Missives_of_Sale_(Scots_law) dbr:Scots_Delict_Law dbr:Scots_Law_of_Delict dbr:Scots_delict dbr:Scots_delict_law dbr:Scots_tort_law dbr:Scottish_delict dbr:Scottish_delict_case dbr:Scots_property_law |
| is rdfs:seeAlso of | dbr:Delict |
| is foaf:primaryTopic of | wikipedia-en:Delict_(Scots_law) |