Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
REPARATION, n. Sc. Law usage: the redress of a wrong in civil law, gen. by award of damages (Sc. 1946 A. D. Gibb Legal Terms 75).Sc. 1773 Erskine Institute iii. i. § 13:
Every fraudulent contrivance or unwarrantable act by which another suffers damage, or runs the hazard of it, subjects the delinquent to reparation.Sc. 1804 Morison Decisions 13906:
The said defenders were found liable in reparation of any estimable damage which may be occasioned.Sc. 1896 W. K. Morton Manual 320:
Defences to Action for Reparation — (I) No Culpa . . . (II) Contributory Negligence . . . (III) Volenti non fit injuria.Sc. 1931 Encycl. Laws Scot. XII. 485:
Reparation was the name given to it by Stair and Bankton, though by the nineteenth century “damages” had become more usual. Since then the Roman law phrase has returned to favour.
