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Delict, 4th editionA Comprehensive Guide to the Law in Scotland

By Francis McManus, Ronald E. Conway and Eleanor Russell

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Published 31 January 2027

About this book

Provides everything you need to know about the Scots Law of Delict

  • Covers the important cases in the rapidly developing law of delict, since the previous edition was published in 2021
  • Covers developments in the law of negligence, nuisance, defamation and vicarious liability
  • Discusses the Defamation and Malicious Publication (Scotland) Act 2021
  • Includes a new chapter on International Private Law
  • Includes new coverage on harassment and unjustified detention

Recognising the multi-faceted nature of the Scots law of delict, this bestselling textbook provides a truly comprehensive guide to the law. With numerous case studies and clear illustration of key concepts, this is essential reading for all students encountering delict for the first time as well as practitioners who require a ready reference for their practice.

Incorporates new case law including:

Darren Conquer v Lothian Health Board 2020 S.C.L.R 542; A v XY Ltd 2021 SLT 399; Stoffel v Grondona [2021] AC 540; Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33; HXA v Surrey County Council; Paul v The Royal Wolverhampton NHS Trust [2024] UKSC 1; Young v Downey [2025] 4 WLR 32; Holmes v Poeton Holdings Ltd [2024] KB 521; Fearn v Board of Trustees of Tate Gallery [2024] AC 1; Nicholas v Thomas [2025] EWHC 752; Trustees of the Barry Congregation of Jehovahs Witnesses v BXB [2023] UKSC 15; G4 Services Ltd v Lewis-Ranwell [2026] UKSC 1.

Table of contents

Preface and Acknowledgments
Table of Statutes
Table of Statutory Instruments
Table of Cases
Table of International Legislation

1 Introduction
Francis McManus
2 Negligence-The Duty of Care
Francis McManus
3 The Duty of Care-Negligent Misstatements
Francis McManus
4 The Duty of Care-Pure Economic Loss
Francis McManus
5 The Duty of Care-Psychiatric Harm
Francis McManus
6 Breach of Duty of Care-Standard of Care
Francis McManus
7 Factual Causation
Francis McManus
8 Remoteness of Damage (Legal Causation)
Francis McManus
9 Professional Negligence
Ranald Macpherson
10 Breach of Statutory Duty
Francis McManus
11 Nuisance
Francis McManus
12 Liability for Animals
Francis McManus
13 Intentional wrongs, Assault, Unjustified Detention, Harassment
Robbie Reid and Scarlet Robertson
14 Defamation
Francis McManus
15 Economic Delicts
Francis McManus
16 Passing Off
Jonathan Brown
17 Breach of Confidence
Francis McManus
18 Product Liability
Francis McManus
19 Occupiers Liability
Francis McManus
20 Vicarious Liability
Francis McManus
21 Private International Law
Robbie Reid and Scarlet Robertson
22 Defences in Delict
Francis McManus
23 Remedies
Ronald Conway
24 Evidential and Practical Matters
Ronald Conway
25 Transfer and Extinction of Remedies
Ronald Conway
26 Practicalities in Personal Insurance Claims: The Role of Insurance and Other Sources of Compensation.
Ronald Conway

Appendix: Summary of Key Concepts
Index

About the contributors

Francis McManus

Francis McManus is Honorary Professor of Law at the University of Stirling and Emeritus Professor of Law at Edinburgh Napier University. He is the author of a number of textbooks including, Delict Essentials 4th edition (EUP, 2021), Scottish Environmental Law Essentials (EUP, 2020), Environmental Law in Scotland (SULI) and Environmental Law in Scotland (EUP,2015). He has also contributed to many other books. He has a special interest in, and has published extensively on noise law. He is the National Treasurer and Scottish Chairman of the United Kingdom Noise Association (UKNA). He is also assistant editor and contributor to Scottish Planning and Environmental Law (SPEL).

Ronald E. Conway

Ronald E. Conway is the Principal Lawyer and Solicitor Advocate in the Conway Accident Law Practice.

Eleanor Russell

Eleanor J Russell is Senior Lecturer in Law in Glasgow Caledonian University. She a Solicitor, Member of the Law Society of Scotland and Fellow of the Higher Education Academy.

Ranald Macpherson

Ranald Macpherson is an advocate whose practice takes in a range of areas including reparation and public law. Before calling to the Bar, he was a solicitor advocate and partner in a large firm of litigation solicitors. He is a contributing editor for Greens Reparation Law Bulletin.