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http://hdl.handle.net/1893/34688| Appears in Collections: | Law and Philosophy Journal Articles |
| Peer Review Status: | Refereed |
| Title: | The mouse and the snail: reappraising the significance of Donoghue v Stevenson: Part 1 - a case worth celebrating? |
| Author(s): | Brown, Jonathan |
| Contact Email: | jonathan.brown@stir.ac.uk |
| Keywords: | Duty of Care Forseeability Legal history Personal injury Professional negligence Scotland Tortious liability |
| Issue Date: | 2022 |
| Date Deposited: | 30-Aug-2022 |
| Citation: | Brown J (2022) The mouse and the snail: reappraising the significance of Donoghue v Stevenson: Part 1 - a case worth celebrating?. <i>Scots Law Times</i>, 2022 (35), pp. 229-234. |
| Abstract: | First in a four-part series. Questions the extent to which Scots lawyers should 'revel' in the fame of the case of Donoghue v Stevenson 1932 SC (HL) 31 in light of the fact that Scotland is not itself a Common law jurisdiction. Discusses the difficulties with the idea - taken as an article of faith in the case itself - that 'there [was] no speciality of Scots law involved and that the case [could] safely be decided on principles common to both systems [i.e., Scots and English law]' and considers the dangers that adopting the 'incremental approach' favoured in English jurisprudence would have in respect of the 'intellectual superstructure' of Scots delict. |
| Rights: | This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is a pre-copyedited, author-produced version of an article accepted for publication in Scots Law Times following peer review. The definitive published version Brown J (2022) The mouse and the snail: reappraising the significance of Donoghue v Stevenson: Part 1 - a case worth celebrating? Scots Law Times, 2022 (35), pp. 229-234. is available online on Westlaw UK. Reuse is allowed under an unrestricted use licence (CC BY). |
| Licence URL(s): | http://creativecommons.org/licenses/by/4.0/ |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| The Mouse and the Snail Part I.pdf | Fulltext - Accepted Version | 169.86 kB | Adobe PDF | View/Open |
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