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Defences to delictual liability

Rodger, B.J. (1995) Defences to delictual liability. In: Stair Memorial Encyclopedia. LexisNexis Butterworths, pp. 392-421.

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Abstract

A case may be defended on issues of fact, the defender denying one or more of the essential requirements of the delict. The defender may deny that a duty of care is owed; that it is owed by the defender; that it is owed to the pursuer; that the duty has been breached; and that the damages sustained were too remote. Mistake in law by the defender is not a defence to a reparation claim3 and neither, generally, is a mistake in fact4. Consideration of the positive defences below often involves mixed questions of fact and law.