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  • Commentaries

Scotland Case Commentaries

Revival of the Bankrupt's Radical Right Post-Discharge: Insights from Whyte v. Murray (1888)

Revival of the Bankrupt's Radical Right Post-Discharge: Insights from Whyte v. Murray (1888)

Date: Nov 16, 1888
Revival of the Bankrupt's Radical Right Post-Discharge: Insights from Whyte v. Murray (1888) Introduction Whyte v. Murray ([1888] SLR 26_67) is a landmark decision by the Scottish Court of Session...
Ross v. Keith (1888): Duty of Landowners in Preventing Accidents

Ross v. Keith (1888): Duty of Landowners in Preventing Accidents

Date: Nov 10, 1888
Ross v. Keith (1888): Duty of Landowners in Preventing Accidents Introduction The case of Ross v. Keith ([1888] SLR 26_55) is a seminal decision by the Scottish Court of Session that addresses the...
Comprehensive Commentary on Leith v. Leith ([1888] SLR 25_671)

Comprehensive Commentary on Leith v. Leith ([1888] SLR 25_671)

Date: Jul 19, 1888
Entail Amendment Act Precedent: Leith v. Leith ([1888] SLR 25_671) Introduction Leith v. Leith, adjudicated on July 18, 1888, by the Scottish Court of Session, addresses the intricacies of the Entail...
Enforcement of Feu-Contractual Restrictions in Miller v. Carmichael (1888)

Enforcement of Feu-Contractual Restrictions in Miller v. Carmichael (1888)

Date: Jul 19, 1888
Enforcement of Feu-Contractual Restrictions in Miller v. Carmichael (1888) Introduction Miller v. Carmichael ([1888] SLR 25_712) is a landmark case adjudicated by the Scottish Court of Session on...
Shaw v. Morgan [1888]: Affirming Privilege of Public Officials in Defamation Claims

Shaw v. Morgan [1888]: Affirming Privilege of Public Officials in Defamation Claims

Date: Jul 12, 1888
Shaw v. Morgan [1888]: Affirming Privilege of Public Officials in Defamation Claims Introduction Shaw v. Morgan ([1888] SLR 25_620) is a landmark case adjudicated by the Scottish Court of Session....
Landlord Liability in Sanitary Conditions: Henderson v. Munn (1888)

Landlord Liability in Sanitary Conditions: Henderson v. Munn (1888)

Date: Jul 8, 1888
Landlord Liability in Sanitary Conditions: Henderson v. Munn (1888) Introduction The case of Henderson v. Munn ([1888] SLR 25_619) adjudicated by the Scottish Court of Session in 1888 addresses...
Establishing Heir Apparent Under the Rutherfurd Act: Thom v. Andrew (1888)

Establishing Heir Apparent Under the Rutherfurd Act: Thom v. Andrew (1888)

Date: Jun 27, 1888
Establishing Heir Apparent Under the Rutherfurd Act: Thom v. Andrew (1888) Introduction In the landmark case of Thom v. Andrew ([1888] SLR 25_595_1), adjudicated by the Scottish Court of Session on...
Judicial Remits and Contract Interpretation: Insights from Quin v. Gardner & Sons, Ltd ([1888] SLR 25_577)

Judicial Remits and Contract Interpretation: Insights from Quin v. Gardner & Sons, Ltd ([1888] SLR 25_577)

Date: Jun 23, 1888
Judicial Remits and Contract Interpretation: Insights from Quin v. Gardner & Sons, Ltd ([1888] SLR 25_577) Introduction The case of Quin v. Gardner & Sons, Ltd ([1888] SLR 25_577) is a landmark...
Forbes v. Aberdeen Harbour Commissioners [1888]: Defining Duty of Care and Contributory Negligence in Harbour Safety

Forbes v. Aberdeen Harbour Commissioners [1888]: Defining Duty of Care and Contributory Negligence in Harbour Safety

Date: Jan 25, 1888
Forbes v. Aberdeen Harbour Commissioners [1888]: Defining Duty of Care and Contributory Negligence in Harbour Safety Introduction The case of Forbes v. Aberdeen Harbour Commissioners ([1888] SLR...
Henderson v. Robb: Affirming the Trustee's Sole Authority in Cessiocessio

Henderson v. Robb: Affirming the Trustee's Sole Authority in Cessiocessio

Date: Jan 19, 1888
Henderson v. Robb: Affirming the Trustee's Sole Authority in Cessiocessio Introduction Henderson v. Robb and Others ([1888] SLR 26_222) is a landmark case adjudicated by the Scottish Court of Session...
Expanding the Scope of Holograph Wills to Include Heritable Property: The Landmark Decision in Forsyth v Turnbull (1887)

Expanding the Scope of Holograph Wills to Include Heritable Property: The Landmark Decision in Forsyth v Turnbull (1887)

Date: Dec 17, 1887
Expanding the Scope of Holograph Wills to Include Heritable Property: The Landmark Decision in Forsyth v Turnbull (1887) Introduction Forsyth and Others v. Turnbull and Others ([1887] SLR 25_168) is...
Stevenson v. Pontifex & Wood (1887): Doctrine of Single Action for Single Breach

Stevenson v. Pontifex & Wood (1887): Doctrine of Single Action for Single Breach

Date: Dec 8, 1887
Stevenson v. Pontifex & Wood (1887): Doctrine of Single Action for Single Breach Introduction The case of Stevenson v. Pontifex & Wood ([1887] SLR 25_120) adjudicated by the Scottish Court of Session...
Condictio Si Sine Liberis Applied: Revocation of Wills in M'Ewen (Dobie's Trustees) v. Pritchard and Others [1887] SLR 25_6

Condictio Si Sine Liberis Applied: Revocation of Wills in M'Ewen (Dobie's Trustees) v. Pritchard and Others [1887] SLR 25_6

Date: Oct 20, 1887
Condictio Si Sine Liberis Applied: Revocation of Wills in M'Ewen (Dobie's Trustees) v. Pritchard and Others [1887] SLR 25_6 Introduction M'Ewen (Dobie's Trustees) v. Pritchard and Others, adjudicated...
Beaton v. Ivory (1887): Requirement of Specific Allegations in Wrongful Arrest Claims Against Public Officials

Beaton v. Ivory (1887): Requirement of Specific Allegations in Wrongful Arrest Claims Against Public Officials

Date: Jul 20, 1887
Beaton v. Ivory (1887): Requirement of Specific Allegations in Wrongful Arrest Claims Against Public Officials Introduction Beaton v. Ivory ([1887] SLR 24_744) is a landmark case adjudicated by the...
Establishing Duty of Care in Premises Liability: Brady v. Parker (1887)

Establishing Duty of Care in Premises Liability: Brady v. Parker (1887)

Date: Jun 8, 1887
Establishing Duty of Care in Premises Liability: Brady v. Parker (1887) Introduction Brady and Others v. Parker ([1887] SLR 24_561) is a landmark case adjudicated by the Scottish Court of Session on...
Exclusive Use of Designated Golf Links Affirmed: Bethune v. Denham [1887]

Exclusive Use of Designated Golf Links Affirmed: Bethune v. Denham [1887]

Date: May 14, 1887
Exclusive Use of Designated Golf Links Affirmed: Bethune and Others v. Denham [1887] Introduction The case of Bethune and Others v. Denham ([1887] SLR 24_494) is a pivotal judicial decision rendered...
Recognition of Railway Mortgages as Real Security in Trustee Investments

Recognition of Railway Mortgages as Real Security in Trustee Investments

Date: Jan 12, 1887
Recognition of Railway Mortgages as Real Security in Trustee Investments Introduction The case of Breatcliff and Others v. Bransby's Trustees ([1887] SLR 24_233) adjudicated by the Scottish Court of...
Assessing Damages in Patent Infringement of Subsidiary Components: United Horse-Shoe and Nail Co. v. John Stewart & Co. (1886)

Assessing Damages in Patent Infringement of Subsidiary Components: United Horse-Shoe and Nail Co. v. John Stewart & Co. (1886)

Date: Dec 18, 1886
Assessing Damages in Patent Infringement of Subsidiary Components: United Horse-Shoe and Nail Co. v. John Stewart & Co. (1886) Introduction The United Horse-Shoe and Nail Co. (Ltd) v. John Stewart &...
Effect of Joint Financial Instruments on Trust Estates: Insights from Connell's Trustees v. Mrs Connell's Trustees and Others (1886)

Effect of Joint Financial Instruments on Trust Estates: Insights from Connell's Trustees v. Mrs Connell's Trustees and Others (1886)

Date: Jul 17, 1886
Effect of Joint Financial Instruments on Trust Estates: Insights from Connell's Trustees v. Mrs Connell's Trustees and Others (1886) Introduction Connell's Trustees v. Mrs Connell's Trustees and...
Liability of Trustees and Law-Agents for Negligent Investments: The Landmark Decision in Rae v. Meek ([1886] SLR 23760)

Liability of Trustees and Law-Agents for Negligent Investments: The Landmark Decision in Rae v. Meek ([1886] SLR 23760)

Date: Jun 30, 1886
Liability of Trustees and Law-Agents for Negligent Investments: The Landmark Decision in Rae v. Meek ([1886] SLR 23760) Introduction Rae v. Meek and Others ([1886] SLR 23760) is a seminal case...
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