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.
Reid, Dot and MacQueen, Hector Lewis, Fraud or Error: A Thought Experiment? (November 6, 2019) (2013) 17 Edinburgh Law Review 343-369.