Comment on Scots Law Flashcards
Bradford Corp v Pickles
No use of property which would be legal if due to proper motive, can become illegal if done with improper motive
Modes of Influence
Maxims such as not using own poetry in a way to harm others
English Influence on Scots law - R v White and Ward
Legal and Academic Debates
Fleming v Hislop - No difference
RHM Bakeries - R v F never part of Scots law
Watt v Jamieson - Fairly modern development
Slater v McLetan - Difference in remedies
TB Smith - Tort of nuisance no part of Scots
GDL Cameron - View they are more of less same is inadequate
Differences
Scope - There is no public nuisance in Scots, so it is a lot narrower
Culpa - RHM Bakeries v Strathcylde - R v F has no place in Scots, it has always been based upon culpa
Kennedy v Glenbelle - There needs to be fault, so negligence must establish culpa
Plus Quam Tolerable - Standpoint of the victim taken from, no defence that it is normal behaviour Watt v Jamieson
No Public Nuisance - Duke of Richmond v Lossiemouth
Remedies and Defences - Difference in Injunction v Interdict
Prescription v Positive Servitude
