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  • Commentaries

Scotland Case Commentaries

Adamson's Trustees v. Adamson and Others (1891): Preservation of Testamentary Provisions Despite Subsequent Birth

Adamson's Trustees v. Adamson and Others (1891): Preservation of Testamentary Provisions Despite Subsequent Birth

Date: Jul 15, 1891
Adamson's Trustees v. Adamson and Others (1891): Preservation of Testamentary Provisions Despite Subsequent Birth Introduction The case of Adamson's Trustees v. Adamson and Others, decided by the...
Limitation of Mineral Rights to Prevent Surface Damage: Insights from The Bank of Scotland v. Stewart [1891]

Limitation of Mineral Rights to Prevent Surface Damage: Insights from The Bank of Scotland v. Stewart [1891]

Date: Jun 20, 1891
Limitation of Mineral Rights to Prevent Surface Damage: Insights from The Bank of Scotland v. Stewart [1891] Introduction The case of The Bank of Scotland v. Stewart ([1891] SLR 28_735) addresses the...
Defamatory Meaning and Contextual Interpretation: Insights from Archer v. Ritchie & Co. ([1891] SLR 28_547)

Defamatory Meaning and Contextual Interpretation: Insights from Archer v. Ritchie & Co. ([1891] SLR 28_547)

Date: Mar 20, 1891
Defamatory Meaning and Contextual Interpretation: Insights from Archer v. Ritchie & Co. ([1891] SLR 28_547) Introduction The case of Archer v. Ritchie & Co. ([1891] SLR 28_547) is a seminal judgment...
Establishing Legal Standing for Unincorporated Associations: Renton FC v. Scottish FA (1891)

Establishing Legal Standing for Unincorporated Associations: Renton FC v. Scottish FA (1891)

Date: Mar 14, 1891
Establishing Legal Standing for Unincorporated Associations: Renton Football Club and Others v. The Scottish Football Association and Others (1891) Introduction The case of The Renton Football Club...
Admissibility of Parole Evidence in Bill of Exchange Proceedings: Insights from The National Bank of Australasia v. Turnbull & Co. [1891]

Admissibility of Parole Evidence in Bill of Exchange Proceedings: Insights from The National Bank of Australasia v. Turnbull & Co. [1891]

Date: Mar 6, 1891
Admissibility of Parole Evidence in Bill of Exchange Proceedings: Insights from The National Bank of Australasia v. Turnbull & Co. [1891] Introduction The National Bank of Australasia v. Turnbull &...
Anderson v. Hunter [1891] SLR 28_324: Defamation and Privilege in Electoral Contexts

Anderson v. Hunter [1891] SLR 28_324: Defamation and Privilege in Electoral Contexts

Date: Jan 31, 1891
Anderson v. Hunter [1891] SLR 28_324: Defamation and Privilege in Electoral Contexts Introduction The case of Anderson v. Hunter ([1891] SLR 28_324) is a landmark decision by the Scottish Court of...
Requiring Complete Holography for Wills under Scots Law: The Macdonald v. Cuthbertson Decision

Requiring Complete Holography for Wills under Scots Law: The Macdonald v. Cuthbertson Decision

Date: Nov 15, 1890
Requiring Complete Holography for Wills under Scots Law: The Macdonald v. Cuthbertson Decision Introduction Macdonald and Another v. Cuthbertson and Another ([1890] SLR 2892) is a pivotal case...
Privilege in Defamation: Insights from Farquhar v. Neish ([1890] SLR 27_549)

Privilege in Defamation: Insights from Farquhar v. Neish ([1890] SLR 27_549)

Date: Mar 20, 1890
Privilege in Defamation: Insights from Farquhar v. Neish ([1890] SLR 27_549) Introduction The case of Farquhar v. Neish ([1890] SLR 27_549) adjudicated by the Scottish Court of Session in 1890 is a...
Vesting of Testimonial Legacies and Residues Under Mutual Settlement: Insights from Morrison v. Lindsay (1890)

Vesting of Testimonial Legacies and Residues Under Mutual Settlement: Insights from Morrison v. Lindsay (1890)

Date: Mar 8, 1890
Vesting of Testimonial Legacies and Residues Under Mutual Settlement: Insights from Morrison v. Lindsay (1890) Introduction Morrison and Others (Reddie's Trustees) v. Lindsay and Others ([1890] SLR...
Limitations on Apportionment Powers in Antenuptial Contracts: Dawson v. Gillon (1890)

Limitations on Apportionment Powers in Antenuptial Contracts: Dawson v. Gillon (1890)

Date: Feb 9, 1890
Limitations on Apportionment Powers in Antenuptial Contracts: Dawson v. Gillon (1890) Introduction Dawson and Others (Gillon's Trustees) v. Gillon and Others is a landmark case decided by the...
Watson v. Duncan (1890): Defining the Boundaries of Slander in Contextual Language

Watson v. Duncan (1890): Defining the Boundaries of Slander in Contextual Language

Date: Feb 5, 1890
Watson v. Duncan (1890): Defining the Boundaries of Slander in Contextual Language Introduction Watson v. Duncan ([1890] SLR 27_319) is a seminal case adjudicated by the Scottish Court of Session on...
Anderson v. Ainslie: Clarifying the Boundaries of Entail and Trust Law in Scottish Succession

Anderson v. Ainslie: Clarifying the Boundaries of Entail and Trust Law in Scottish Succession

Date: Jan 25, 1890
Anderson v. Ainslie: Clarifying the Boundaries of Entail and Trust Law in Scottish Succession Introduction Anderson v. Ainslie and Others ([1890] SLR 27_276) is a seminal case adjudicated by the...
Establishing Servitude: Macnab v. Munro Ferguson (1890) – No Prescriptive Right to Draw Water Without Explicit Grant

Establishing Servitude: Macnab v. Munro Ferguson (1890) – No Prescriptive Right to Draw Water Without Explicit Grant

Date: Jan 25, 1890
Establishing Servitude: Macnab v. Munro Ferguson (1890) – No Prescriptive Right to Draw Water Without Explicit Grant Introduction Macnab v. Munro Ferguson and Another ([1890] SLR 27_309) is a...
Enforcement of Feu-Contracts Under the Conveyancing Act 1874: Dick Lauder v Thornton [1890] SLR 27_455

Enforcement of Feu-Contracts Under the Conveyancing Act 1874: Dick Lauder v Thornton [1890] SLR 27_455

Date: Jan 24, 1890
Enforcement of Feu-Contracts Under the Conveyancing Act 1874 Dick Lauder v Thornton [1890] SLR 27_455 Introduction The case of Dick Lauder v Thornton ([1890] SLR 27_455) was adjudicated by the...
Young v. The Clydesdale Bank: Upholding Guarantor Responsibility and Limits on Bank Agent Liability

Young v. The Clydesdale Bank: Upholding Guarantor Responsibility and Limits on Bank Agent Liability

Date: Dec 7, 1889
Young v. The Clydesdale Bank: Upholding Guarantor Responsibility and Limits on Bank Agent Liability Introduction In the landmark case of Young v. The Clydesdale Bank (Ltd.) ([1889] SLR 27_135), the...
Scott and Others v. Moss (1889): Liability of Event Promoters for Crowd-Induced Damages

Scott and Others v. Moss (1889): Liability of Event Promoters for Crowd-Induced Damages

Date: Nov 7, 1889
Scott and Others v. Moss (1889): Liability of Event Promoters for Crowd-Induced Damages Introduction The case of Scott and Others (Scott's Trustees) v. Moss ([1889] SLR 27_30) addressed the legal...
Innes v. Adamson (1889): Affirming Chief Constable's Authority and Privilege in Disciplinary Actions

Innes v. Adamson (1889): Affirming Chief Constable's Authority and Privilege in Disciplinary Actions

Date: Oct 26, 1889
Innes v. Adamson (1889): Affirming Chief Constable's Authority and Privilege in Disciplinary Actions Introduction Innes v. Adamson ([1889] SLR 27_26) is a landmark case adjudicated by the Scottish...
Murray v. Glasgow and South-Western Railway Co.: Establishing the Presumption of Waiver in Overpayment Cases

Murray v. Glasgow and South-Western Railway Co.: Establishing the Presumption of Waiver in Overpayment Cases

Date: Feb 27, 1889
Murray v. Glasgow and South-Western Railway Co.: Establishing the Presumption of Waiver in Overpayment Cases Introduction Murray and others (The Dalmellington Iron Co.) v. The Glasgow and...
Duty of Care for Unfenced Access Paths: Insights from Gavin v. Arrol & Co. (1889)

Duty of Care for Unfenced Access Paths: Insights from Gavin v. Arrol & Co. (1889)

Date: Feb 23, 1889
Duty of Care for Unfenced Access Paths: Insights from Gavin v. Arrol & Co. (1889) Introduction The landmark case Gavin v. Arrol & Co. ([1889] SLR 26_370_1) adjudicated by the Scottish Court of...
Cunningham v Duncan & Jamieson (1889): Establishing Precedent for Aggravating Damages Through Unveiling Authorship in Libel Cases

Cunningham v Duncan & Jamieson (1889): Establishing Precedent for Aggravating Damages Through Unveiling Authorship in Libel Cases

Date: Feb 3, 1889
Cunningham v Duncan & Jamieson (1889): Establishing Precedent for Aggravating Damages Through Unveiling Authorship in Libel Cases Introduction Cunningham v. Duncan & Jamieson ([1889] SLR 26_316) is a...
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