Verbal injury is a
delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of ...
in
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
.
Proof of special damage
In any action for verbal injury it is not necessary for the pursuer to aver or prove
special damage
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
if the words on which the action is founded are calculated to cause pecuniary damage to the pursuer.
[The ]Defamation Act 1952
The Defamation Act 1952 (15 & 16 Geo 6 & 1 Eliz 2 c 66) is an Act of the Parliament of the United Kingdom.
This Act implemented recommendations contained in the Report of the Porter Committee. The recommendation made by the Committee in relatio ...
, section 3 (as substituted b
section 14(b)
of that Act)
See also
*
Malicious falsehood Malicious falsehood or injurious falsehood is a tort. It is a lie that was uttered with malice, that is, the utterer knew it was false or would cause damage or harm.
Malicious falsehood is a false statement made maliciously that causes damage to t ...
References
Scots law legal terminology
Defamation
Delict
Scots private law
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