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  • Commentaries

Scotland Case Commentaries

Milne v. Smiths (1892): Establishing the Limits of Privilege in Defamation Cases

Milne v. Smiths (1892): Establishing the Limits of Privilege in Defamation Cases

Date: Nov 24, 1892
Milne v. Smiths (1892): Establishing the Limits of Privilege in Defamation Cases Introduction The case of Milne v. Smiths ([1892] SLR 30_105) is a seminal judgment from the Scottish Court of Session...
Henderson v. John Watson Ltd [1892]: Harmonizing the Employers' Liability Act 1880 with Common Law Principles

Henderson v. John Watson Ltd [1892]: Harmonizing the Employers' Liability Act 1880 with Common Law Principles

Date: Jul 3, 1892
Henderson v. John Watson Ltd [1892]: Harmonizing the Employers' Liability Act 1880 with Common Law Principles Introduction Henderson v. John Watson Ltd ([1892] SLR 29_815) is a landmark case...
Rejection of 'Volenti Non Fit Injuria' in Employer Liability: Wallace v. Culter Mills Paper Co., Ltd

Rejection of 'Volenti Non Fit Injuria' in Employer Liability: Wallace v. Culter Mills Paper Co., Ltd

Date: Jun 24, 1892
Rejection of 'Volenti Non Fit Injuria' in Employer Liability: Wallace v. Culter Mills Paper Co., Ltd ([1892] SLR 29_784) Introduction The landmark case of Wallace v. Culter Mills Paper Co., Ltd...
Tenant's Duty to Notify Landlord of Defects: Webster v. Brown (1892)

Tenant's Duty to Notify Landlord of Defects: Webster v. Brown (1892)

Date: May 13, 1892
Tenant's Duty to Notify Landlord of Defects: Webster v. Brown (1892) Introduction Webster v. Brown ([1892] SLR 29_631) is a seminal case adjudicated by the Scottish Court of Session on May 12, 1892....
Sim v. Robinow (1892): Refining the Boundaries of Forum Non Conveniens

Sim v. Robinow (1892): Refining the Boundaries of Forum Non Conveniens

Date: Mar 18, 1892
Sim v. Robinow (1892): Refining the Boundaries of Forum Non Conveniens Introduction Sim v. Robinow ([1892] SLR 29585) is a landmark decision by the Scottish Court of Session that addresses the...
Liability of Curators in Defamation Actions: Fraser v. Cameron ([1892] SLR 29_446)

Liability of Curators in Defamation Actions: Fraser v. Cameron ([1892] SLR 29_446)

Date: Mar 9, 1892
Liability of Curators in Defamation Actions: Fraser v. Cameron ([1892] SLR 29_446) Introduction Fraser v. Cameron ([1892] SLR 29_446) is a seminal case adjudicated by the Scottish Court of Session on...
Limitation of Conditio Si Sine Liberis in Conditional Bequests: M'Ewan v Carter (1892)

Limitation of Conditio Si Sine Liberis in Conditional Bequests: M'Ewan v Carter (1892)

Date: Jan 30, 1892
Limitation of Conditio Si Sine Liberis in Conditional Bequests: M'Ewan v Carter (1892) Introduction The case of M'Ewan and Another v. Carter and Others ([1892] SLR 29_347) was adjudicated by the...
Reaffirmation of Corroboration Standards in Affiliation Cases: M'Kinven v. M'Millan [1892] SLR 29_308

Reaffirmation of Corroboration Standards in Affiliation Cases: M'Kinven v. M'Millan [1892] SLR 29_308

Date: Jan 14, 1892
Reaffirmation of Corroboration Standards in Affiliation Cases: M'Kinven v. M'Millan [1892] SLR 29_308 Introduction M'Kinven v. M'Millan ([1892] SLR 29_308) is a seminal case adjudicated by the...
Establishing Damages for Loss of Profits in Breach of Contract: Duff & Co. v. The Iron and Steel Fencing and Buildings Co., Ltd. (1891)

Establishing Damages for Loss of Profits in Breach of Contract: Duff & Co. v. The Iron and Steel Fencing and Buildings Co., Ltd. (1891)

Date: Dec 2, 1891
Establishing Damages for Loss of Profits in Breach of Contract: Duff & Co. v. The Iron and Steel Fencing and Buildings Co., Ltd. (1891) Introduction The case of Duff & Co. v. The Iron and Steel...
Exemption Clauses in Charter-Parties: Insights from Letricheux & David v. Dunlop & Co. (1891)

Exemption Clauses in Charter-Parties: Insights from Letricheux & David v. Dunlop & Co. (1891)

Date: Dec 2, 1891
Exemption Clauses in Charter-Parties: Insights from Letricheux & David v. Dunlop & Co. (1891) Introduction The case of Letricheux & David v. Dunlop & Co. ([1891] SLR 29_182) adjudicated by the...
Trustee Obligations in Educational Fund Administration: The Kirk-Session of Prestonpans v. The School Board of Prestonpans

Trustee Obligations in Educational Fund Administration: The Kirk-Session of Prestonpans v. The School Board of Prestonpans

Date: Nov 29, 1891
Trustee Obligations in Educational Fund Administration: The Kirk-Session of Prestonpans v. The School Board of Prestonpans ([1891] SLR 29_168) Introduction The Kirk-Session of Prestonpans v. The...
Incompetency of Minority Shareholder Actions in Company Contract Nullification: Smyth v. Muir (1891)

Incompetency of Minority Shareholder Actions in Company Contract Nullification: Smyth v. Muir (1891)

Date: Nov 14, 1891
Incompetency of Minority Shareholder Actions in Company Contract Nullification: Smyth v. Muir (1891) Introduction The case of Smyth v. Muir and Others ([1891] SLR 29_94) adjudicated by the Scottish...
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...
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