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Aquilian action; Vicarious liability.
Thomson's Delictual Liability is the leading text on this complex area of law providing both students and practitioners with an indispensable guide to the Scots law of delict. Gordon Cameron LL.B. (Hons); M.Sc. has skilfully updated the sixth edition of this text throughout, taking account of the Defamation and Malicious Publication (Scotland) Act 2021 and major revisions in the areas of: - Negligence - Privacy - Public authorities - Nuisance - Vicarious liability - Defamation Introduction Part I Intentional Delicts 1 Intentional wrongs in respect of persons and property 2 The economic wrongs and fraud Part II Unintentional Delict – General Principles of Liability 3 The duty of care 4 Duty of care as a threshold device 5 Breach of a duty of care 6 Causation and related issues Part III Delictual Liability in Specific and Economic Contexts 7 Professional liability 8 Product liability 9 Delictual liability for animals 10 Delictual liability arising from ownership or occupation of property 11 Breach of statutory duty and public law issues 12 Employers' liability and vicarious liability 13 Delict and the family 14 Delict and road traffic 15 Defamation and Malicious Publication Part IV Damages 16 Damages
This casebook is designed to introduce the Roman law concerning delicts, private wrongs which broadly resemble torts in Anglo-American law. The Roman law of delict is unusually interesting, since many basic Roman principles of delict are still prominent in modern legal systems, while other Roman principles offer sharp and important contrasts with modern ideas. The influence of Roman law has been especially strong in the Civil Law systems of Continental Europe and its former dependencies, since these systems derive many basic principles from Roman law; but Roman influence on Anglo-American law has also been appreciable in some areas, although not usually in tort. A casebook relies on direct use of primary sources in order to convey a clear understanding of what legal sources are like and how lawyers work. For Roman law, the primary sources are above all the writings of the early imperial Roman jurists. Almost all their writings date to the classical period of Roman law, approximately 30 B.C. to A.D. 235 The 171 Cases in this book all derive from the writings of pre-classical and classical jurists.
"The book is a true student textbook that combines a strong theoretical foundation with a practical applied approach. A clear, concise yet rigorous introduction to the general principles of delictual law. Revised and updated, the second edition focuses more strongly on problem solving application. The text supports learning and the development of independent academic skills through various learning features which bring an applied, critical and reflective approach to the content. The structure of the book reflects the logical and systematic process of enquiry that is followed when assessing or preparing for a delictual matter, and it reflects clearly the distinctions between the Aquilian action, Germanic action and Actio iniuriarum. Pedagogically developed as a learning resource for students with varying backgrounds and skills levels. Supported by ancillary teaching materials which assist in teaching and learning."--Publisher's website.
Previous edition: Haywards Heath: Totel, 2009.
In this important book, Elspeth Reid presents an integrated treatment of the law of Delict in Scotland. Alongside its focus upon the Scots sources, where appropriate it also gives full consideration to case law and commentary from other jurisdictions, especially England and Wales.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.