The mouse and the snail : reappraising the significance of Donoghue v Stevenson part I - a case worth celebrating?

Brown, Jonathan (2022) The mouse and the snail : reappraising the significance of Donoghue v Stevenson part I - a case worth celebrating? Scots Law Times. ISSN 0036-908X (In Press)

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Abstract

First in a four-part series. Questions the extent to which Scots lawyers should 'revel' in the fame of the case of Donoghue v Stevenson 1932 SC (HL) 31 in light of the fact that Scotland is not itself a Common law jurisdiction. Discusses the difficulties with the idea - taken as an article of faith in the case itself - that 'there [was] no speciality of Scots law involved and that the case [could] safely be decided on principles common to both systems [i.e., Scots and English law]' and considers the dangers that adopting the 'incremental approach' favoured in English jurisprudence would have in respect of the 'intellectual superstructure' of Scots delict.

ORCID iDs

Brown, Jonathan ORCID logoORCID: https://orcid.org/0000-0002-9198-9672;
  • Item type:Article
    ID code:81523
    Dates:
    Date
    Event
    8 July 2022
    Published
    8 July 2022
    Accepted
    Keywords:Donoghue vs Stevenson, Scots law, delict, delictual liability, Law, Law
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:21 Jul 2022 11:47
    Last modified:22 Sep 2023 00:56
    URI:https://strathprints.strath.ac.uk/id/eprint/81523
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