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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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(p.517) 17 Negligence
A History of Private Law in Scotland: Volume 2: Obligations



Oxford University Press

This chapter focuses on the year 1795 until 1932, a period which marks a great shift and change in the history of the law of delict in Scotland. In the early period of Scots’ law of delict, negligence does appear however it was treated as an element of particular claim rather than as a general basis for liability. This concept of negligence changed as the Scottish courts became increasingly aware of the jurisdictions of the concept of duty, reasonableness, and foreseeability. The chapter also outlines the convergence of the Scots and English law of negligence during the 19th century which affected the radical shift and orientation of the Scots law on negligence and duty.

Keywords:   law of delict, Scotland, negligence, liability, duty, law of negligence

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