|From:||MACQUEEN Hector <Hector.MacQueen@ed.ac.uk>|
|To:||Jason Neyers <email@example.com>|
|Volokh, Eugene <VOLOKH@law.ucla.edu>|
|Date:||04/11/2015 12:46:13 UTC|
|Subject:||Re: Projecting message onto side of another's building: trespass, nuisance, something else?|
|Attachments:||Edinburgh University charitable status|
In Scots law, whatever the liabilities in delict or nuisance may be in this kind of case, there would perhaps be an enrichment liability on the projector if making the projection for purposes of gain, e.g. to advertise the availability of products or services.
There are a number of cases where unauthorised use of another's property in circumstances where ordinarily such use would have to be paid for has been held to entail liability based on what the user would otherwise have had to pay (see MacQueen,
Unjustified Enrichment 3rd edn, pp 11-13, for short summaries of the main cases). But none of these cases involves the projector doing it simply in order to annoy the victim, or have a laugh at the victim's expense, or intrude on the victim's privacy.
I wonder if these would be instances for the actio iniuriam in Scotland, i.e. delictual and based upon the wrong of affront or insult.
Hector L MacQueen FBA FRSE
Professor of Private Law
University of Edinburgh Law School
Edinburgh EH8 9 YL
Currently working at the Scottish Law Commission tel (0)131-662-5222