a particular nominate delict (such as defamation), predicated on a claim that 'loss' has been caused by wrongful conduct (and so based on Aquilian liability rather than on the actio iniuriarum). The modern Scots law pertaining to reparation for negligent wrongdoing is, as might be expected from the above, based on the lex Aquilia and so affords reparation in instances of damnum injuria datum - literally loss wrongfully caused - with the wrongdoing in such instances generated by the defender's culpa (i.e., fault). In any instance in which a pursuer (A) has suffered loss at the hands of the wrongful conduct of the defender (B), B is under a legal obligation to make reparation. If B's wrongdoing were intentional in the circumstances, or so reckless that an 'intention' may be constructively inferred (on the basis that culpa lata dolo aequiparatur - 'gross negligence is the same as intentional fault'), then it follows axiomatically that B will be liable to repair any damage done to A's property, person or economic interest: 'wherever a defender intentionally harms the pursuer - provided the interest harmed is regarded as reparable - the defender incurs delictual liability'. If the pursuer has suffered loss as the result of the defender's conduct, yet the defender did not intend to harm the pursuer, nor behave so recklessly that intent might be constructively inferred, the pursuer must demonstrate that the defender's conduct was negligent in order to win their case. Negligence can be established, by the pursuer, by demonstrating that the defender owed to them a 'duty of care' which they ultimately breached by failing to live up to the expected standard of care. If this can be shown, then the pursuer must also establish that the defender's failure to live up to the expected standard of care ultimately caused the loss (damnum) complained of. The landmark decision on establishing the existence of a duty of care, for Scotland and for the rest of the United Kingdom, is the House of Lords appeal case, Donoghue v. Stevenson Protected interests in the law of delict Patrimonial interests The Roman lex Aquilia was originally concerned only with damage directly done to certain types of property - slaves and 'four-footed beasts'. Reparation for what is now known as 'personal injury' was barred under the legislation in view of the principle dominus membrorum suorum nemo videtur (no one is to be regarded as