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2. Equity in Scots law

Author

Carr, D. J.

Subjects
340
Abstract

The aim of this thesis is to consider the development of the nature of equity in Scottish private law. Accordingly, the thesis considers the manner in which Scottish law has utilised ‘equitable’ terminology and conceptualisation in the development of different areas of Scottish private law. In considering this matter, the thesis employs an historical methodology up to a point; however, the prime objective of the thesis is to attempt to state the modern day position as regards the influence of equity within Scottish private law. Such a thesis cannot ignore the influence of English law, or at least conceptions of English law, upon Scottish law. In fact, the choice of subject matter for the thesis was inspired by a Common law idea of equitable remedies, and this starting point is reflected in the specific subject areas discussed. Accordingly, the chapters consider the institutional role of equity in Scots law, before considering the influence of equity in the following areas of Scottish law: unjustified enrichment, trusts, constructive trusts, and fiduciary liability in Scottish law. The analyses of these different areas of law demonstrate the problematic conception of equity in Scots law, insofar as they take different approaches to the substantive and linguistic employment of the term equity. The consideration of these different approaches to equity across different areas of Scots law demonstrates the inherent vagueness of the Scottish approach to equity. Such vagueness has, up to now, allowed the influence and importance of the equitable tradition to wax and wane reasonably quietly according to the prevailing epoch. The historical analysis suggests that, at least in recent times, the influence of something called equity is increasing, and with its rise there are important definitional and substantive choices ahead.

Published
2010

6. Letters to the Editors

Author

Tumosa, Charles S., Mecklenburg, Marion F., Erhardt, David, Carr, D. J., Young, C. R. T., Phenix, A., and Hibberd, R. D.

Published
2004

8. The effect of the digital printing of fabric on the morphology of passive bloodstains

Author

Dicken, L., Knock, Clare, Carr, D. J., and Beckett, Sophie

Subjects
Blood Stains, Textiles, Bloodstain analysis, Printing, Three-Dimensional, Absorbent surfaces, Wetting, X-Ray Microtomography, Wicking, Law, Capillary Action, Pathology and Forensic Medicine
Abstract

Bloodstained fabrics found at crime scenes are likely to have had processing treatments, such as dyeing or printing, but the effect of the treatments on bloodstain morphology is not always considered. In order to study the effect of digital printing on bloodstain morphology, drip stains were created from five impact velocities (1.9–5.4 ms−1) on three different mass per unit areas (88–226 g/m²) of 100% cotton calico which had been digitally printed using reactive dye. Across all three printed fabrics, the bloodstains appeared visually similar, and no correlation was found between the dry bloodstain area and the impact velocity. When comparing the bloodstains on the printed fabric to those which had been created previously on the same fabric in a dyed and not-coloured state, the dry bloodstains on the printed fabric were statistically significantly larger (e.g. for the calico with the lightest mass per unit area, mean dry bloodstain area was 126.6, 64.4 and 44.3 mm² for the printed, dyed and not-coloured fabrics respectively). Examination of the larger bloodstains on the printed calico with the micro computed tomography scanner and scanning electron microscope, suggested that the printing process increased the wettability of the fabric, so the blood could spread more easily on the surface. This allowed the blood to coat the yarns, and wick into them before wicking along the intra-yarn spaces. The results presented in this paper showed that care must be taken when examining bloodstains at crime scenes. Depending on the fabric and the processing of the fabric the size of the blood stains may not increase with impact velocity as wicking may result in a larger bloodstain from a lower velocity. The bloodstain on the penetrated face of the fabric may be larger than on the impacted face and the same fabrics with different processing will produce different blood stain sizes and shapes.

Published
2022

28. Skin and skin simulants.

Author

Fenton, L. A., Horsfall, I., and Carr, D. J.

Subjects
ANIMAL products, HIDES & skins, FORENSIC sciences, SKIN, LEATHER
Abstract

There is an interest within forensic science to understand the physical and mechanical properties of human skin and the natural and synthetic simulants used to represent it, particularly with reference to reconstruction studies that consider injury to humans, for example during sharp-weapon and ballistic impact assaults. This paper discusses literature in the broad area of (i) human skin, (ii) animal skin and products such as leather and (iii) synthetic polymeric skin simulants. The physical and mechanical properties of human skin appear to be reasonably well documented in the literature. Animal models discussed appear to be restricted primarily to pig and to a lesser extent goat, plus some data on different types of leather. All skin (human and animal) and derivatives such as leather (from various animal sources) are natural materials and therefore variable in their physical and mechanical properties. The variability of commonly used simulants for human skin such as various types of leather could impact on the confidence of any reconstruction study data obtained by using such simulants. While it is recognized that synthetic simulants (polymers such as silicone and polyurethane) do not have the structure of human skin, their physical and mechanical properties can be manipulated relatively easily to match those of skin and are typically of low variability, providing confidence in the repeatability and reproducibility of reconstruction studies. [ABSTRACT FROM AUTHOR]

Published
2020
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47. Ethchlorvynol

Author

Carr, D. J. and Crampton, R. F.

Published
1963

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