actio de positis vel suspensis

in Roman law the action against an occupier 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 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.