(485)  THE PRAETORIAN EDICT AND THE B & B IN TAIN

 

An attempt to extend the Roman Praetorian Edict to Castlehill bed and breakfast in Tain was rejected by Sheriff Principal Sir Stephen Young on 19 August 2005 (see Drake v Dow and Dow, available on the Scottish courts website at http://www.scotcourts.gov.uk/opinions/SC3704.html).  Mr Drake’s laptop had been stolen while he slept as a resident in the Dows’ B&B, and as a party litigant he sought to use the edict nautae, caupones, stabularii to establish the liability of the Dows for his loss.  While the court accepted that the edict had been received in Scots law, it was held inapplicable to the facts and circumstances.  There was reference to South African law, in which apparently the edict has been held applicable to B&B establishments (authority a case called Gabriel v Enchanted Bed and Breakfast CC 2002(6) SA 573(C)); however, Sheriff Principal Young commented (para 28): But of course it is one thing to say that the Edict applies to a bed and breakfast establishment in South Africa