The mouse and the snail : reappraising the significance of Donoghue v Stevenson part II - the 'Intellectual Superstructure' of Scots delict

Brown, Jonathan (2022) The mouse and the snail : reappraising the significance of Donoghue v Stevenson part II - the 'Intellectual Superstructure' of Scots delict. Scots Law Times, 2022 (36). pp. 235-242. ISSN 0036-908X

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Abstract

Second in a four-part series. Presents a conceptual 'map' of the so-called 'intellectual superstructure' of the Scots law of delict, identifying the topic of 'delict' itself as a taxonomical 'family' under which can be found four distinct 'genera': liability based on damnum injuria, liability based on iniuria, liability for wrongful interference with property, and liability for the commission of nominate 'delicticles' which have in common only the fact that they involve mechanisms for determining the wrongfulness of acts and omissions as well as the 'blameworthiness' of persons.

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