Delict: A Comprehensive Guide to the Law in Scotland

by Francis McManus, Ronald E. Conway, Eleanor Russell, Josephine Bisacre, Ranald Macpherson

Overview

Recognising the multi-faceted nature of the Scots law of delict, this new edition provides a complete guide to the law. With numerous case studies and clear illustration of key concepts, this is essential reading for all students encountering delict for the first time as well as practitioners who require a ready reference for their practice.

Product Details

ISBN-13:	9781474462433
Publisher:	Edinburgh University Press
Publication date:	08/31/2021
Edition description:	3rd ed.
Pages:	640
Product dimensions:	6.69(w) x 9.61(h) x 1.38(d)

About the Author

Francis McManus is Honorary Professor of Law at the University of Stirling and Emeritus Professor of Law at Edinburgh Napier University. He is the author of a number of textbooks including, Delict Essentials 4th edition (EUP, 2021), Scottish Environmental Law Essentials (EUP, 2020), Environmental Law in Scotland (SULI) and Environmental Law in Scotland (EUP,2015). He has also contributed to many other books. He has a special interest in, and has published extensively on noise law. He is the National Treasurer and Scottish Chairman of the United Kingdom Noise Association (UKNA). He is also assistant editor and contributor to Scottish Planning and Environmental Law (SPEL).

Ronald E. Conway is the Principal Lawyer and Solicitor Advocate in the Conway Accident Law Practice.

Eleanor J Russell is Senior Lecturer in Law in Glasgow Caledonian University. She a Solicitor, Member of the Law Society of Scotland and Fellow of the Higher Education Academy.

Josephine Bisacre is part-time Assistant Professor of Business Law at Heriot-Watt University.

Ranald Macpherson is an advocate whose practice takes in a range of areas including reparation and public law. Before calling to the Bar, he was a solicitor advocate and partner in a large firm of litigation solicitors. He is a contributing editor for Greens Reparation Law Bulletin.

Table of Contents

Foreword; Preface; Table of Cases; Table of Legislation; Table of Statutes; Table of Statutory Instruments; Table of European Legislation; 1. Introduction; 2. Negligence: Duty of Care; 3. The Duty of Care: Negligent Misstatements; 4. The Duty of Care: Pure Economic Loss; 5. The Duty of Care: Nervous Shock; 6. Breach of Duty of Care: Standard of Care; 7. Factual Causation; 8. Remoteness of Damage (Legal Causation); 9. Professional Negligence; 10. Breach of Statutory Duty; 11. Nuisance; 12. Liability for Animals; 13. Assault; 14. Defamation; 15. Economic Delicts; 16. Passing Off; 17. Breach of Confidence; 18. Product Liability; 19. Occupiers’ Liability; 20. Vicarious Liability; 21. Defences in Delict; 22. Remedies; 23. Evidential and Practical Matters; 24. Transfer and Extinction of Liability; 25. The Role of Insurance and Other Compensation Systems as Methods for the Compensation of Victims of Delict; Appendix; Index.

What People are Saying About This

Foreword to the first edition - Rt Hon Lord Cullen PC

“This work… provides a reminder of how extensive is the range of the law of delict… The subject might suggest the image of a large mansion to which many additions have been made over the years in response to changing conditions in society… This book rises to the challenge and offers the fortunate visitor a systematic guide to the edifice.”

Editorial Reviews

The analyses of notable decisions and the discussions of the current law are clear and concise, and will be of great assistance to anyone coming to this topic for the first time or wanting to refresh their memory of what they once knew about it.

The Journal of the Law Society of Scotland - Charles Hennessy