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  • Delict deals with the righting of legal wrongs in civil law, on the principle of liability for loss caused by failure in the duty of care, whether deliberate or accidental. While it broadly covers the same ground as the English law of Tort, the Scots law is different in many respects and concentrates more on general principle and less on specific wrongs. While some terms such as assault, defamation are used in both systems, their technical meanings differ. "Delict" as a word derives from the Latin "delictum" and as a branch of Scots Law revolves around the fundamental concept "Damnum Injuria Datum" - literally loss wrongfully caused. Where A has suffered wrongful loss at the hands of B (generally where B was negligent) B is under a legal obligation to make reparation. There are many many various delicts which can be committed, ranging from assault to procurement of breach of contract. The landmark decision on establishing negligence, for Scotland and for the rest of the United Kingdom, is the Scottish case of Donoghue v. Stevenson ([1932] AC 562) which, while strictly a Scottish case, quickly established itself as the leading authority in the field of negligence in English Law also. Mrs Donoghue had been enjoying an ice cream with ginger beer her friend had bought her in Mr Minchella's café in Paisley, when she emptied the opaque ginger beer bottle out and the decomposing remains of a snail emerged. Her distress and subsequent illness was such that she was determined to bring an action for damages — but the poor woman had no contract with the café proprietor as her friend had paid, so she sued the manufacturer for his negligence. The case of the snail in the bottle was taken to the House of Lords who found that the manufacturer does indeed have a duty of care, subject to restrictions. This decision had influence in many countries and established the "neighbourhood principle" in Scots Law. http://en.wikipedia.org/wiki/Scots_law

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