actio de positis vel suspensis
actio de positis vel suspensis in Roman law the action against an occu- pier for a penalty at the instance of anyone who complained in respect of things suspended that would do damage if they fell. In Scotland it is argued that this represents a special head of recovery of damages, as
9
action on the case
/Image_020.png){kind=small}
opposed to a penalty. The courts have preferred to treat such cases on the basis of negligence: MacColl v. Hoo, 1983 SLT (Sh. Ct) 23.