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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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The Intentional Delicts

The Intentional Delicts

Chapter:
(p.477) 16 The Intentional Delicts
Source:
A History of Private Law in Scotland: Volume 2: Obligations
Author(s):

KENNETH McK. NORRIE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299288.003.0016

This chapter focuses on intentional delicts. In the early stages of Scots law, the distinction between criminal and civil liability were not distinguished but rather seen as merely different aspects of the same thing. It was only in the late 18th century that the distinction between intentional and unintentional wrongs acquired meaning, but this came about by the retreat of the criminal law from, rather than the acceptance by the civil law of, liability for unintentional acts. In the earliest period of Scots law, the wrongs were recognized as against life and against property and soon developed by the recognition of the wrongs directed against the administration of justice. These changes and the creation of new intentional delicts were brought about by the increasing demands of time. Institutional delicts serve four aims: preservation of peace; restoration of status quo ante; discouraging harmful acts; and protecting the administration of justice. And while liability damages for intentional acts have existed for quite some time, it has only been recently seen as the primary function of the law of delict. As with intentional liability, the debate is always with the issue of whether legally protected interest has been infringed through the fault of the defender. However there existed differences in these two delicts, wrongs whether intentional or unintentional are always subject to culpability.

Keywords:   intentional delicts, delicts, criminal liability, civil liability, intentional wrong, unintentional wrong, liability

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