Jump to ContentJump to Main Navigation
A History of Private Law in Scotland: Volume 2: Obligations$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2019

Error

Error

Chapter:
(p.72) 3 Error
Source:
A History of Private Law in Scotland: Volume 2: Obligations
Author(s):

WILLIAM W. McBRYDE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299288.003.0003

This chapter discusses the challenges and difficulties surrounding the interpretation and explanation of the Scots law of error. Even after 500 years of development, the Scots law of error remained in its material parts uncertain and conflicting. In this chapter, the five reasons for the existence of errors in the interpretation of Scots law are examined and assessed. These five reasons are: inadequate judicial analysis and the absence of academic comment during the formative years of the law; the existence of several influences such as the canon law, the Roman law, the English law, and the Scottish thought that made a debatable impact on the formation of Scots law; the existence of tension between the subjective approach and the objective approach to contractual consent; the influence of the procedure of civil jury trial on the development of the law; and the intrinsic difficulty of the subject owing to the erratic treatment of the agreement.

Keywords:   law of error, Scots law, error, Roman law, English law, canon law, subjective approach, objective approach

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .