Law of Delict in Scotland

Study Notes

Definition: A delict is a civil wrong committed by one person against another, resulting in damage or injury.
Types of delicts:
- Trespass to the person (assault, battery, etc.)
- Trespass to goods (damage or interference with property)
- Nuisance (unlawful interference with someone's use or enjoyment of land)
- Defamation (libel or slander)
Essential elements:
- Wrongfulness (conduct must be unlawful or negligent)
- Causation (conduct must cause the harm)
- Damages (harm must be quantifiable)
Defenses:
- Consent
- Contributory negligence
- Volenti non fit injuria (voluntary assumption of risk)

Definition: A contract is a legally binding agreement between two or more parties.
Essential elements:
- Offer and acceptance
- Intention to create legal relations
- Consideration (mutual benefit or exchange)
- Capacity (parties must have the legal capacity to enter into a contract)
Types of contracts:
- Bilateral contracts (mutual promises)
- Unilateral contracts (one party makes a promise in exchange for an act)
- Executory contracts (performance is due in the future)
- Executed contracts (performance has already taken place)
Contractual terms:
- Conditions (essential terms)
- Warranties (non-essential terms)
- Innominate terms (terms that fall between conditions and warranties)
Breach of contract:
- Types of breach: fundamental, repudiatory, and anticipatory
- Remedies: damages, specific performance, injunction, and rescission

A delict is a civil wrong resulting in damage or injury to another person, involving wrongful and blameworthy conduct.
Types of delicts include:
- Trespass to the person, such as assault, battery, and false imprisonment
- Trespass to goods, including damage or interference with property
- Nuisance, which involves unlawful interference with someone's use or enjoyment of land
- Defamation, including libel and slander
Essential elements of a delict:
- Wrongfulness, which involves conduct that is unlawful or negligent
- Causation, where the conduct must cause the harm or damage
- Damages, which must be quantifiable and compensable
Defenses to a delict claim:
- Consent, where the injured party has voluntarily assumed the risk
- Contributory negligence, where the injured party is partly responsible
- Volenti non fit injuria, where the injured party has voluntarily assumed the risk

A contract is a legally binding agreement between two or more parties, where there is a mutual intention to create legal relations.
Essential elements of a contract:
- Offer and acceptance, where one party makes an offer and the other accepts
- Intention to create legal relations, where the parties intend to be legally bound
- Consideration, where there is a mutual benefit or exchange
- Capacity, where the parties have the legal capacity to enter into a contract
Types of contracts:
- Bilateral contracts, where there are mutual promises
- Unilateral contracts, where one party makes a promise in exchange for an act
- Executory contracts, where performance is due in the future
- Executed contracts, where performance has already taken place
Contractual terms:
- Conditions, which are essential terms that go to the root of the contract
- Warranties, which are non-essential terms
- Innominate terms, which fall between conditions and warranties
Breach of contract:
- Types of breach include fundamental, repudiatory, and anticipatory breaches
- Remedies for breach of contract include damages, specific performance, injunction, and rescission

Podcast