Commentaries

Scotland Case Commentaries

Exclusion of Independent Contractors Under Section 4 of the Workmen's Compensation Act 1897: Analysis of M'Gregor v Dansken

Date: Feb 4, 1899

Exclusion of Independent Contractors Under Section 4 of the Workmen's Compensation Act 1897: Analysis of M'Gregor v. Dansken Introduction M'Gregor v. Dansken ([1899] SLR 36_393) is a pivotal case...

Employer Liability for Independent Contractors: Insights from Macdonald v. Andrew Wyllie & Son [1898]

Date: Dec 23, 1898

Employer Liability for Independent Contractors: Insights from Macdonald v. Andrew Wyllie & Son ([1898] SLR 36_262) Introduction Macdonald v. Andrew Wyllie & Son is a significant judgment from the...

Limitation of Time in Actions Against Public Officials: M'Ternan v. Bennett [1898] SLR 36_239

Date: Dec 22, 1898

Limitation of Time in Actions Against Public Officials: M'Ternan v. Bennett [1898] SLR 36_239 Introduction The case of M'Ternan v. Bennett ([1898] SLR 36_239) is a seminal decision by the Scottish...

Durham v. Brown Brothers & Co., Ltd. [1898]: Defining the Scope of "Course of Employment" under the Workmen's Compensation Act 1897

Date: Dec 14, 1898

Durham v. Brown Brothers & Co., Ltd. [1898]: Defining the Scope of "Course of Employment" under the Workmen's Compensation Act 1897 Introduction Durham v. Brown Brothers & Co., Ltd. is a landmark...

Waiver of Contractual Objections Through Possession: Insights from Macdonald v. Newall (1898)

Date: Nov 17, 1898

Waiver of Contractual Objections Through Possession: Insights from Macdonald v. Newall (1898) Introduction Macdonald v. Newall is a landmark case adjudicated by the Scottish Court of Session on...

Occupational Liability in Sanitary Conditions: Analysis of Smith v. School Board of Maryculter ([1898] SLR 36_8)

Date: Oct 20, 1898

Occupational Liability in Sanitary Conditions: Analysis of Smith v. School Board of Maryculter ([1898] SLR 36_8) Introduction Smith v. School Board of Maryculter is a landmark case adjudicated by the...

Ramsay v. Brand (1898): Upholding Strict Contractual Compliance in Construction

Date: Jul 21, 1898

Ramsay v. Brand (1898): Upholding Strict Contractual Compliance in Construction Introduction Ramsay & Son v. Brand ([1898] SLR 35_927) is a seminal case adjudicated by the Scottish Court of Session...

Fowler's Trustees v. Fowler (1898): Interpreting Trust Clauses in Marriage Contracts

Date: Jun 18, 1898

Fowler's Trustees v. Fowler (1898): Interpreting Trust Clauses in Marriage Contracts Introduction Fowler's Trustees v. Fowler ([1898] SLR 35_812) is a seminal case adjudicated by the Scottish Court...

Assumption of Childbearing Capacity in Trust Law: Beattie v. Meffan (1898)

Date: Mar 12, 1898

Assumption of Childbearing Capacity in Trust Law: Beattie v. Meffan (1898) Introduction The case of Beattie and Others (Beattie's Trustees) v. Meffan and Another, adjudicated by the Scottish Court of...

Liability of Successive Lessees for Breach of Lease Obligations: Sinclair v. The Caithness Flagstone Co., Ltd, and Others (1898)

Date: Mar 5, 1898

Liability of Successive Lessees for Breach of Lease Obligations: Sinclair v. The Caithness Flagstone Co., Ltd, and Others (1898) Introduction The case of Sinclair v. The Caithness Flagstone Co., Ltd,...

Residue of Estate Vests a Morte Testatoris: Insights from Ballantyne’s Trustees v Kidd [1898]

Date: Feb 19, 1898

Residue of Estate Vests a Morte Testatoris: Insights from Ballantyne’s Trustees v Kidd [1898] Introduction Ballantyne’s Trustees v Kidd ([1898] SLR 35_488) is a seminal case adjudicated by the...

Commercial Bank of Scotland v. Muir and Others: Establishing Competency in Multiplepoinding Actions

Date: Dec 2, 1897

Commercial Bank of Scotland v. Muir and Others: Establishing Competency in Multiplepoinding Actions Introduction The case of Commercial Bank of Scotland, Ltd v. Muir and Others ([1897] SLR 35_174)...

Determining Liability on the High Seas: The Kendrick v. Burnett Precedent

Date: Nov 18, 1897

Determining Liability on the High Seas: The Kendrick v. Burnett Precedent Introduction Kendrick and Others v. Burnett and Others ([1897] SLR 35_62) is a seminal case adjudicated by the Scottish Court...

Duty of Care for Lawfully Present Individuals: Analysis of Messer v. Cranston & Co. [1897]

Date: Oct 16, 1897

Duty of Care for Lawfully Present Individuals: Analysis of Messer v. Cranston & Co. [1897] Introduction Messer v. Cranston & Co. ([1897] SLR 35_42) is a landmark case adjudicated by the Scottish...

Wilkinson v. The Kinneil Cannel and Coking Coal Co., Ltd: Employer Liability in Emergency Situations

Date: Mar 17, 1897

Wilkinson v. The Kinneil Cannel and Coking Coal Co., Ltd: Employer Liability in Emergency Situations Introduction Wilkinson v. The Kinneil Cannel and Coking Coal Co., Ltd ([1897] SLR 34_533) is a...

Conditional Vesting and Trustee Discretion: The Russell v. Bell's Trustees Judgment [1897]

Date: Mar 6, 1897

Conditional Vesting and Trustee Discretion: The Russell v. Bell's Trustees Judgment [1897] Introduction The case of Russell v. Bell's Trustees ([1897] SLR 34_497) adjudicated by the Scottish Court of...

Limits on Buyer’s Right of Rejection and Remedies for Breach under the Sale of Goods Act 1893: Electric Construction Co. v. Hurry & Young [1897] SLR 34_295

Date: Jan 15, 1897

Limits on Buyer’s Right of Rejection and Remedies for Breach under the Sale of Goods Act 1893: Electric Construction Co. v. Hurry & Young [1897] SLR 34_295 Introduction The Electric Construction Co.,...

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