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  • Commentaries

Scotland Case Commentaries

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...
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...
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