Fraud or Error: A Thought Experiment?

Dot Reid & Hector MacQueen, (2013) 17 Edinburgh Law Review 343-369

29 Pages Posted: 15 Nov 2019

See all articles by Dot Reid

Dot Reid

University of Glasgow

Hector Lewis MacQueen

University of Edinburgh - School of Law

Date Written: November 6, 2019

Abstract

This article examines some anomalies in the way in which Scots law classifies cases involving fraud and those where "induced error" is preferred. Scots law has been unable to make a conscious structural choice in this regard. was in a muddle in this regard because it had failed to make a conscious structural choice. In a sophisticated modern legal system classification is important and ought to be discernible with more certainty than is presently the case. This article will offer an explanation of how the current taxonomy came about and will propose a thought experiment, namely that all misrepresentations leading to an error ought to be part of the law of fraud.

Keywords: fraud, error, mistake, misrepresentation, Scots law, private law, taxonomy, classification

Suggested Citation

Reid, Dot and MacQueen, Hector Lewis, Fraud or Error: A Thought Experiment? (November 6, 2019). Dot Reid & Hector MacQueen, (2013) 17 Edinburgh Law Review 343-369. Available at SSRN: https://ssrn.com/abstract=3482014

Dot Reid (Contact Author)

University of Glasgow ( email )

5 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

Hector Lewis MacQueen

University of Edinburgh - School of Law ( email )

Edinburgh EH8 9YL
United Kingdom
+44 131-650-2060 (Phone)
+44 131-662-4902 (Fax)

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