Murray v. Fraser [1916] ScotLR 467 (17 March 1916)

Murray v. Fraser [1916] ScotLR 467 (17 March 1916)

The defender, a trusted family friend and adult, fraudulently assured the pursuer, a child ignorant of sexual matters, that intercourse would not harm her, thereby circumventing her will and inducing consent. The evidence established both paternity and seduction by fraud, entitling the pursuer to damages.

Citation
[1916] ScotLR 467
Parties
Pursuer: Miss Kate Murray; Defender: David Fraser
Jurisdiction
Scotland
Judgment Date
17 March 1916
Procedural Posture
Action for Damages for Seduction / Appeal and Final Judgment
Outcome
Appeal dismissed; interlocutor adhered; judgment for pursuer
Legal Topics
Seduction, Fraudulent Misrepresentation, Damages, Consent of Minors
Reparation Family Law Tort Seduction Fraudulent Misrepresentation Damages Consent of Minors

Case Brief

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Parties

Miss Kate Murray

Pursuer

David Fraser

Defender

Procedural Posture

Action for Damages for Seduction / Appeal and Final Judgment

Legal Issues

  1. 1 Whether the defender is the father of the pursuer's child
  2. 2 Whether the defender seduced the pursuer by fraud or deceit
  3. 3 Whether the pursuer's ignorance and reliance on the defender's assurances constituted seduction

Ratio Decidendi

The defender, a trusted family friend and adult, fraudulently assured the pursuer, a child ignorant of sexual matters, that intercourse would not harm her, thereby circumventing her will and inducing consent. The evidence established both paternity and seduction by fraud, entitling the pursuer to damages.

Court Disposition

Appeal dismissed; interlocutor adhered; judgment for pursuer

Orders

  • Defender to pay pursuer £100 sterling in damages