A History of Private Law in Scotland: Volume 2: ObligationsKenneth Reid, Reinhard Zimmermann (jurist) Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law—of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential. This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole. |
From inside the book
Results 1-5 of 88
Page xxxi
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page xxxv
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page lxx
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 1
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 7
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Contents
Table of Contents vii | xxiii |
Table of Cases | xxxiii |
Formation of Contract | 1 |
THE CLASSIFICATION OF CONTRACTS | 8 |
AND WE DO ALWAYS PREFER THE SENSE | 18 |
OFFER | 33 |
CONCLUSION | 44 |
Interpretation | 47 |
CONCLUSION | 331 |
Insurance | 333 |
EARLY INFLUENCES ON INSURANCE LAW | 339 |
THE AGE OF MATURITY? | 350 |
A CENTURY OF SCOTS | 356 |
PAST PRESENT AND FUTURE | 365 |
Unjustified Enrichment | 369 |
CLASSIFICATION AND DEVELOPMENT | 372 |
Erskine | 52 |
EARLY NINETEENTHCENTURY CASES | 59 |
SUMMARY OF POSITION AT MIDDLE | 65 |
COMMISSION | 68 |
Error | 72 |
STEWART v KENNEDY | 81 |
THE MEANING OF ESSENTIAL ERROR | 91 |
The meaning of essential error | 99 |
Force and Fear | 101 |
FORCE AND FEAR | 108 |
THE CONDICTIONES | 120 |
THE BASIS FOR RELIEF | 127 |
Pacta Illicita | 129 |
EFFECT OF AN ILLEGAL CONTRACT | 149 |
Judicial Control of Unfair Contract Terms | 157 |
Breach of Contract | 175 |
DAMAGES AND THE EMERGENCE | 184 |
CONCLUSIONS | 193 |
Specific Implement | 195 |
THE JUDICIAL DISCRETION | 206 |
CONCLUSION | 219 |
Jus Quaesitum Tertio | 220 |
AND KAMES | 227 |
IRREVOCABILITY | 235 |
GLOAGS | 245 |
Promise | 252 |
THE TERM POLLICITATION A DIGRESSION | 267 |
EIGHTEENTH AND NINETEENTHCENTURY | 273 |
THE REQUIREMENTS OF WRITING SCOTLAND | 279 |
Contractual Restrictive Covenants | 283 |
SINCE 1970 | 296 |
CONCLUSION | 303 |
Sale | 305 |
THE LATER SEVENTEENTH CENTURY | 310 |
THE NINETEENTH CENTURY | 319 |
THREE STUDIES OF RECEPTION | 396 |
CONCLUSIONS | 419 |
The Structure of the Law of Delict in Historical Perspective | 422 |
The distinction between criminal and civil liability | 432 |
events | 439 |
THE EIGHTEENTH | 446 |
THE TWENTIETH CENTURY | 456 |
An interim assessment | 464 |
REMEDIES AND BOUNDARIES OF DELICT | 470 |
NEGLIGENCE 517 | 474 |
The Intentional Delicts | 477 |
THE NOMINATE DELICTS OF THE INSTITUTIONAL | 483 |
Intrusion and ejection | 491 |
Contravention of lawburrows wrongful use of lawburrows | 497 |
POSTINSTITUTIONAL DEVELOPMENTS | 506 |
ANALYSIS AND CONCLUSION | 513 |
Negligence | 517 |
THE DEVELOPMENT OF THE MODERN LAW | 542 |
Strict Liability | 548 |
QUASIDELICTUAL LIABILITY | 567 |
Vicarious Liability | 584 |
GENERAL VICARIOUS LIABILITY | 601 |
CONCLUSION | 610 |
Liability among Neighbours | 612 |
THE DEVELOPMENT OF SCOTS CASE LAW | 617 |
SOME FINAL OBSERVATIONS | 629 |
Defamation | 633 |
FROM THE REFORMATION TO THE MID | 638 |
THE SECOND HALF OF THE EIGHTEENTH | 656 |
AREAS OF DOCTRINAL STRESS ARISING FROM | 662 |
Defences | 671 |
Terminology | 682 |
The problem of the actionability of representations that | 693 |
FROM THE FIRST WORLD WAR ONWARDS | 706 |
Other editions - View all
Common terms and phrases
acceptance assythment Balfour Bankton Bell breach Brown Brown's Supp Campbell canon law causa cited civil law civilian claim Commentaries common law contract Court of Session culpa damages decision deed defender delict doctrine Earl Edinburgh enforceable English law error Erskine force and fear Glasgow Gloag Grotius House of Lords Hume Ibid idem Inglis institutional writers Insurance jus quaesitum tertio law of obligations Law of Scotland Law Reports lawburrows liability Lord Justice-Clerk Lord President Mackenzie Stuart McBryde Murr negligence North British Railway notion obligation Paterson person Practicks principle promise pursuer Railway Company recompense reference regarded Regiam Majestatem remedy reparation restitution Roman law rule SC HL Scots law Scottish Law Commission SLT Sh Ct Smith Stair Society Stewart Stuart n third party Thomson tion Trustees unjustified enrichment Walker Wilson writ writing Zimmermann