Commentaries

Scotland Case Commentaries

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)

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]

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

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

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)

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

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)

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

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)

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

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]

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...

Ingram v. Russell (1893): Establishing the Burden of Malice in Slander Cases within Banking Privileges

Date: Jun 9, 1893

Ingram v. Russell (1893): Establishing the Burden of Malice in Slander Cases within Banking Privileges 1. Introduction Ingram v. Russell ([1893] SLR 30_699) is a seminal case adjudicated by the...

Paterson v. Welch [1893]: Establishing Liability for False Attribution of Defamatory Statements

Date: Jun 1, 1893

Paterson v. Welch [1893]: Establishing Liability for False Attribution of Defamatory Statements Introduction Paterson v. Welch ([1893] SLR 30_668) is a seminal case adjudicated by the Scottish Court...

Duty of Public Authorities to Fence Dangerous Areas to Protect Children: Gibson v. Glasgow Police Commissioners

Date: Mar 4, 1893

Duty of Public Authorities to Fence Dangerous Areas to Protect Children: Gibson v. Glasgow Police Commissioners Introduction Gibson v. Glasgow Police Commissioners and Others ([1893] SLR 30_469) is a...

Vesting of Residuary Estate in Liferent Trusts: Insights from White v. White [1893]

Date: Mar 3, 1893

Vesting of Residuary Estate in Liferent Trusts: Insights from White v. White [1893] Introduction White and Another (Cumming's Trustees) v. White and Others ([1893] SLR 30_459) is a pivotal case...

Grant v. Morren: Clarifying the Scope of 'Estate' in Testamentary Dispositions

Date: Feb 22, 1893

Grant v. Morren: Clarifying the Scope of 'Estate' in Testamentary Dispositions Introduction Grant v. Morren and Another (Grant's Executors) ([1893] SLR 30_442) is a seminal case adjudicated by the...

Sleigh v. Sleigh (1893): Upholding Paternal Guardianship in Custody Disputes

Date: Jan 21, 1893

Sleigh v. Sleigh (1893): Upholding Paternal Guardianship in Custody Disputes Introduction Sleigh v. Sleigh is a landmark case adjudicated by the Scottish Court of Session on January 20, 1893. The...

Employer Non-Liability for Third-Party Equipment Defects: Robinson v. John Watson, Ltd ([1892] SLR 30_144)

Date: Dec 1, 1892

Employer Non-Liability for Third-Party Equipment Defects: Robinson v. John Watson, Ltd ([1892] SLR 30_144) Introduction Robinson v. John Watson, Ltd ([1892] SLR 30_144) is a seminal case adjudicated...

Establishing Duty of Care for Railway Companies in Protecting Vulnerable Pedestrians: Haughton v. North British Railway Co. ([1892] SLR 30_111)

Date: Nov 30, 1892

Establishing Duty of Care for Railway Companies in Protecting Vulnerable Pedestrians: Haughton v. North British Railway Co. ([1892] SLR 30_111) Introduction Haughton v. North British Railway Co....

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