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  • Commentaries

Scotland Case Commentaries

Revocability of Unilateral Antenuptial Trusts: Watt v. Watson and Others (1896)

Revocability of Unilateral Antenuptial Trusts: Watt v. Watson and Others (1896)

Date: Jan 17, 1896
Revocability of Unilateral Antenuptial Trusts: Watt v. Watson and Others (1896) Introduction Watt v. Watson and Others ([1896] SLR 34_267) is a seminal case decided by the Scottish Court of Session...
Pro Rata Diminution in Trusts: Insights from Haldane's Trustees v. Haldane (1895)

Pro Rata Diminution in Trusts: Insights from Haldane's Trustees v. Haldane (1895)

Date: Dec 13, 1895
Pro Rata Diminution in Trusts: Insights from Haldane's Trustees v. Haldane (1895) Introduction Haldane's Trustees v. Haldane ([1895] SLR 33_206) is a seminal case decided by the Scottish Court of...
Robb v. Brearton (1895): Establishing Competency in Appeals Against Summary Ejection

Robb v. Brearton (1895): Establishing Competency in Appeals Against Summary Ejection

Date: Jul 12, 1895
Robb v. Brearton (1895): Establishing Competency in Appeals Against Summary Ejection Introduction In the landmark case of Robb v. Brearton ([1895] SLR 32_671), the Scottish Court of Session addressed...
Trustees' Good Faith Actions and Recoupment Rights: Insights from Gibson v. Caddall's Trustees [1895] SLR 32_668

Trustees' Good Faith Actions and Recoupment Rights: Insights from Gibson v. Caddall's Trustees [1895] SLR 32_668

Date: Jul 12, 1895
Trustees' Good Faith Actions and Recoupment Rights: Insights from Gibson v. Caddall's Trustees [1895] SLR 32_668 Introduction Gibson v. Caddall's Trustees ([1895] SLR 32_668) is a landmark case heard...
Lovie v. Baird's Trustees: Mutual Obligations and Set-Off in Lease Contracts

Lovie v. Baird's Trustees: Mutual Obligations and Set-Off in Lease Contracts

Date: Jul 6, 1895
Lovie v. Baird's Trustees: Mutual Obligations and Set-Off in Lease Contracts Introduction The case of Lovie v. Baird's Trustees ([1895] SLR 33_208) addressed the intricate dynamics of mutual...
Vested Fee Simple Interests in Trusts: Insights from Greenlees' Trustees v. Greenlees [1894] SLR 32_106

Vested Fee Simple Interests in Trusts: Insights from Greenlees' Trustees v. Greenlees [1894] SLR 32_106

Date: Dec 5, 1894
Vested Fee Simple Interests in Trusts: Insights from Greenlees' Trustees v. Greenlees [1894] SLR 32_106 Introduction Greenlees' Trustees v. Greenlees and Others is a landmark case decided by the...
Henderson v. Stubbs, Ltd: Scope of Purchaser Liability for Seller's Third-Party Obligations

Henderson v. Stubbs, Ltd: Scope of Purchaser Liability for Seller's Third-Party Obligations

Date: Nov 14, 1894
Henderson v. Stubbs, Ltd: Scope of Purchaser Liability for Seller's Third-Party Obligations Introduction Henderson v. Stubbs, Ltd ([1894] SLR 3249) is a pivotal case adjudicated by the Scottish Court...
Lundie v. Macbrayne (1894): Establishing Liability and Limitation in Wrongful Apprehension Cases

Lundie v. Macbrayne (1894): Establishing Liability and Limitation in Wrongful Apprehension Cases

Date: Jul 21, 1894
Lundie v. Macbrayne (1894): Establishing Liability and Limitation in Wrongful Apprehension Cases Introduction Lundie v. Macbrayne ([1894] SLR 31_872) is a landmark case decided by the Scottish Court...
Palmer v. Wick and Pulteney: Establishing Principles of Co-Debtor Contribution in Scots Law

Palmer v. Wick and Pulteney: Establishing Principles of Co-Debtor Contribution in Scots Law

Date: Jun 6, 1894
Palmer v. Wick and Pulteney - Town Steam Shipping Co. ([1894] SLR 31_937) Introduction Palmer v. Wick and Pulteney - Town Steam Shipping Co., adjudicated by the Scottish Court of Session on June 5,...
Validation of Discretionary Bequests to Charitable Institutions in Scottish Law: Cobb v. Robertson (1894)

Validation of Discretionary Bequests to Charitable Institutions in Scottish Law: Cobb v. Robertson (1894)

Date: Mar 10, 1894
Validation of Discretionary Bequests to Charitable Institutions in Scottish Law: Cobb v. Robertson (1894) Introduction Cobb v. Robertson and Others (Cobb's Trustees) ([1894] SLR 31_506) is a landmark...
Establishing Limits to Trade Custom and Lien Rights: Analysis of Mitchell v. Heys & Sons [1894]

Establishing Limits to Trade Custom and Lien Rights: Analysis of Mitchell v. Heys & Sons [1894]

Date: Feb 28, 1894
Establishing Limits to Trade Custom and Lien Rights: Analysis of Mitchell v. Heys & Sons [1894] Introduction Mitchell v. Heys & Sons ([1894] SLR 31-485) is a seminal case adjudicated by the Scottish...
Turner v. Gaw [1894]: Clarifying Vesting Subject to Defeasance in Heritable Estates

Turner v. Gaw [1894]: Clarifying Vesting Subject to Defeasance in Heritable Estates

Date: Feb 21, 1894
Turner v. Gaw [1894]: Clarifying Vesting Subject to Defeasance in Heritable Estates Introduction Turner v. Gaw ([1894] SLR 31_447) is a landmark case decided by the Scottish Court of Session on...
Symington v. Campbell (1894): Establishing Limitations on Title to Sue for Pre-Purchase Damages

Symington v. Campbell (1894): Establishing Limitations on Title to Sue for Pre-Purchase Damages

Date: Feb 1, 1894
Symington v. Campbell (1894): Establishing Limitations on Title to Sue for Pre-Purchase Damages Introduction Symington v. Campbell ([1894] SLR 31_372) is a landmark case adjudicated by the Scottish...
Limitations on Societal Discretion in Distribution of Intestate Funds: Symington's Executors v. Galashiels Co-operative Store Co., Ltd ([1894] SLR 31_253)

Limitations on Societal Discretion in Distribution of Intestate Funds: Symington's Executors v. Galashiels Co-operative Store Co., Ltd ([1894] SLR 31_253)

Date: Jan 14, 1894
Limitations on Societal Discretion in Distribution of Intestate Funds 1. Introduction Symington's Executors v. Galashiels Co-operative Store Co., Ltd ([1894] SLR 31_253) is a pivotal case adjudicated...
Wilkie's Trustees v. Wight's Trustees: Establishing Beneficiary Rights in Trust Settlements

Wilkie's Trustees v. Wight's Trustees: Establishing Beneficiary Rights in Trust Settlements

Date: Nov 30, 1893
Wilkie's Trustees v. Wight's Trustees: Establishing Beneficiary Rights in Trust Settlements 1. Introduction Wilkie's Trustees v. Wight's Trustees is a landmark case decided by the Scottish Court of...
Recognition of a Married Woman's Right to Sue for the Death of her Son: Analysis of Whitehead v. Blaik (1893)

Recognition of a Married Woman's Right to Sue for the Death of her Son: Analysis of Whitehead v. Blaik (1893)

Date: Jul 21, 1893
Recognition of a Married Woman's Right to Sue for the Death of her Son: Analysis of Whitehead v. Blaik (1893) Introduction Whitehead v. Blaik and Others ([1893] SLR 30_916) is a landmark case...
G Mackay & Son v. Police Commissioners of Leven (1893): Limitation of Arbitration Clauses in Contractual Damages Claims

G Mackay & Son v. Police Commissioners of Leven (1893): Limitation of Arbitration Clauses in Contractual Damages Claims

Date: Jul 21, 1893
G Mackay & Son v. Police Commissioners of Leven (1893): Limitation of Arbitration Clauses in Contractual Damages Claims Introduction The case of G Mackay & Son v. Police Commissioners of Leven...
Executor's Right to Sue for Patrimonial Loss: Insights from Bern v. Montrose Lunatic Asylum (1893)

Executor's Right to Sue for Patrimonial Loss: Insights from Bern v. Montrose Lunatic Asylum (1893)

Date: Jun 23, 1893
Executor's Right to Sue for Patrimonial Loss: Insights from Bern v. Montrose Lunatic Asylum (1893) Introduction The case of Bern v. Montrose Lunatic Asylum ([1893] SLR 30_748) was adjudicated by the...
Kelly v. Glebe Sugar Refining Co. (1893): Establishing Prima Facie Liability for Unfenced Machinery

Kelly v. Glebe Sugar Refining Co. (1893): Establishing Prima Facie Liability for Unfenced Machinery

Date: Jun 18, 1893
Kelly v. Glebe Sugar Refining Co. (1893): Establishing Prima Facie Liability for Unfenced Machinery Introduction Kelly v. Glebe Sugar Refining Co. ([1893] SLR 30_758_1) is a landmark case adjudicated...
Establishing Malice in Slander: Douglas v. Main [1893]

Establishing Malice in Slander: Douglas v. Main [1893]

Date: Jun 14, 1893
Establishing Malice in Slander: Douglas v. Main [1893] Introduction Douglas v. Main [1893] is a landmark case adjudicated by the Scottish Court of Session on June 13, 1893. The case revolves around...
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