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Historical Introduction

John W. Cairns

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter attempts to trace the changing nature of Scots law, focusing on its main institutions and taking into account the history of politics, social and economic life, and philosophy. The story ... More


Glory with Gloag or the Stake with Stair? T B Smith and the Scots Law of Contract

Hector L MacQueen

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0007
Subject:
Law, Legal History

This chapter assesses T B Smith's work on contract law and discusses its impact upon the development of the subject in Scotland. It does so by first describing what appeared to be the general state ... More


Eighteenth-Century Scotland and the Three Unions

Colin Kidd

in Anglo-Scottish Relations from 1603 to 1900

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263303
eISBN:
9780191734137
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263303.003.0009
Subject:
History, British and Irish Modern History

This chapter is concerned with the way Enlightenment Scotland viewed the British unions. The focus of the Scottish Enlightenment was on the deeper social and economic underpinnings of political ... More


The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law

Laura J Macgregor

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0019
Subject:
Law, Comparative Law

This chapter analyses the legal rules governing unexpected circumstances in contract law in the mixed legal systems of Louisiana and Scotland. The subject lies at the heart of commercial law, and one ... More


‘Double Cross’: Comparing Scots and South African Law

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0001
Subject:
Law, Comparative Law

This chapter focuses on the interaction between Scots and South African law. It traces the origins of Scots and South African law from Roman-Dutch law. It then discusses the common ground connections ... More


Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross

Hector L MacQueen

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0003
Subject:
Law, Legal History

This chapter focuses on the ‘Cooper–Smith ideology’, which can be summarised broadly as follows. Modern Scots law was a ‘mixed’ legal system, in which a basically Roman law or Civilian structure of ... More


Attitudes to Codification and the Scottish Science of Legislation, 1600–1830

John W Cairns

in Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682096
eISBN:
9781474415989
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682096.003.0007
Subject:
Law, Legal History

This chapter traces the developments in Scots law from 1600 to 1830. The mindset of Scottish lawyers changed significantly over the course of the eighteenth century. In 1700, Scots law was best ... More


T B Smith’s Property

D L Carey Miller

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0008
Subject:
Law, Legal History

This chapter considers T B Smith's property work. It begins with some comments on what he wrote about the subject in general, including his contribution to the important notion of a general Scots ... More


Unjustified Enrichment

ROBIN EVANS-JONES

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

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0014
Subject:
Law, Constitutional and Administrative Law, Legal History

Scots law has only recently acknowledged explicitly that there is a unitary body of law called ‘unjustified enrichment’, however, the parameters and internal body of this law still remain unclear. ... More


Negligence

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0017
Subject:
Law, Comparative Law

Unlike English law, neither Scots nor South African law recognizes a tort of negligence. However, both Scots and South African law recognize the possibility of delictual liability where one person ... More


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