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A History of Private Law in Scotland: Volume 2: Obligations
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A History of Private Law in Scotland: Volume 2: Obligations

Kenneth Reid and Reinhard Zimmermann

Abstract

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 re ... More

Keywords: Scotland, European private law, civil law, common law, obligations, property, canon law

Bibliographic Information

Print publication date: 2000 Print ISBN-13: 9780198299288
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198299288.001.0001

Authors

Affiliations are at time of print publication.

Kenneth Reid, editor
University of Edinburgh

Reinhard Zimmermann, editor
University of Regensburg

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Contents

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1 Formation of Contract

GERHARD LUBBE

2 Interpretation

ERIC CLIVE

3 Error

WILLIAM W. McBRYDE

4 Force and Fear

J. E. Du PLESSIS

5 Pacta Illicita

LAURA J. MACGREGOR

7 Breach of Contract

DAVID JOHNSTON

8 Specific Implement

SMITH ALASTAIR

10 Promise

W. D. H. SELLAR

12 Sale

WILLIAM M. GORDON

13 Insurance

A. D. M. FORTE

14 Unjustified Enrichment

ROBIN EVANS-JONES

16 The Intentional Delicts

KENNETH McK. NORRIE

17 Negligence

HECTOR L. MACQUEEN, and W. D. H. SELLAR

18 Strict Liability

REINHARD ZIMMERMANN, and PHILIP SIMPSON

19 Vicarious Liability

PHILIP SIMPSON

20 Liability among Neighbours

REINHARD ZIMMERMANN, and PHILIP SIMPSON

21 Defamation

JOHN BLACKIE