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  • Commentaries

Scotland Case Commentaries

Interpretation of 'Chartered Bank' in Trust Deeds: Sanders v. Beveridge & Others (1879)

Interpretation of 'Chartered Bank' in Trust Deeds: Sanders v. Beveridge & Others (1879)

Date: Nov 8, 1879
Interpretation of 'Chartered Bank' in Trust Deeds: Sanders v. Beveridge & Others (1879) Introduction Sanders v. Beveridge and Others (Sanders' Trustees), decided on November 7, 1879, by the Scottish...
Establishing the Treatment of Lapsed Shares in Trust Succession: M'Donald v Donald's Trustees [1879] SLR 17-25

Establishing the Treatment of Lapsed Shares in Trust Succession: M'Donald v Donald's Trustees [1879] SLR 17-25

Date: Oct 26, 1879
Establishing the Treatment of Lapsed Shares in Trust Succession: M'Donald v Donald's Trustees [1879] SLR 17-25 Introduction The case of Donald or M'Nish and Others v. Donald's Trustees ([1879] SLR...
Duty of Landowners to Secure Dangerous Premises: M'Feat v. Rankin's Trustees (1879)

Duty of Landowners to Secure Dangerous Premises: M'Feat v. Rankin's Trustees (1879)

Date: Jun 18, 1879
Duty of Landowners to Secure Dangerous Premises: M'Feat v. Rankin's Trustees (1879) Introduction In the landmark case of M'Feat v. Rankin's Trustees ([1879] SLR 16_614), the Scottish Court of Session...
Stewart v. Bunten: Enforcing Building Restrictions in Property Law

Stewart v. Bunten: Enforcing Building Restrictions in Property Law

Date: Jul 21, 1878
Stewart v. Bunten: Enforcing Building Restrictions in Property Law Introduction Stewart v. Bunten and Others ([1878] SLR 15_730) is a significant case adjudicated by the Scottish Court of Session on...
Liability in Through Ticket Railway Accidents: Horn v. North British Railway Co ([1878] SLR 15_707)

Liability in Through Ticket Railway Accidents: Horn v. North British Railway Co ([1878] SLR 15_707)

Date: Jul 14, 1878
Liability in Through Ticket Railway Accidents: Horn v. North British Railway Co ([1878] SLR 15_707) Introduction Horn v. North British Railway Co is a seminal case adjudicated by the Scottish Court...
Dalrymple v. Herdman (1878): Enforcing Feu-Contract Restrictions Among Feuars

Dalrymple v. Herdman (1878): Enforcing Feu-Contract Restrictions Among Feuars

Date: Jun 6, 1878
Dalrymple v. Herdman (1878): Enforcing Feu-Contract Restrictions Among Feuars Introduction The case of Dalrymple and Others v. Herdman and Others ([1878] SLR 15_588) was adjudicated by the Scottish...
Gray v. Gray's Trustees [1878] SLR 15_571: Alteration of Entailed Estate through Trust-Dispositions

Gray v. Gray's Trustees [1878] SLR 15_571: Alteration of Entailed Estate through Trust-Dispositions

Date: May 25, 1878
Gray v. Gray's Trustees [1878] SLR 15_571: Alteration of Entailed Estate through Trust-Dispositions Introduction Gray v. Gray's Trustees is a landmark judgment delivered by the Scottish Court of...
Classification of Singular Successor Entry-Money as Real Burdens: Hervey v Webster (1878)

Classification of Singular Successor Entry-Money as Real Burdens: Hervey v Webster (1878)

Date: May 17, 1878
Classification of Singular Successor Entry-Money as Real Burdens: Hervey v Webster (1878) Introduction The case of Hervey and Another (Morrison's Trustees) v. Webster and Another ([1878] SLR 15_559)...
Distinction Between Local and Imperial Taxation Valuation under Scottish Law Established in Menzies v. Inland Revenue

Distinction Between Local and Imperial Taxation Valuation under Scottish Law Established in Menzies v. Inland Revenue

Date: Jan 19, 1878
Distinction Between Local and Imperial Taxation Valuation under Scottish Law Established in Menzies v. Inland Revenue Introduction The case of Menzies v. Inland Revenue ([1878] SLR 15_285) was...
Inclusion of Mineral Rents in Composition: Allan's Trustees v. The Duke of Hamilton (1878)

Inclusion of Mineral Rents in Composition: Allan's Trustees v. The Duke of Hamilton (1878)

Date: Jan 18, 1878
Inclusion of Mineral Rents in Composition: Allan's Trustees v. The Duke of Hamilton (1878) Introduction Allan's Trustees v. The Duke of Hamilton ([1878] SLR 15_279) is a pivotal case adjudicated by...
Tennent v. Crawford (1878): Clarifying the Scope of Judicial Review Under Section 71 of the Bankruptcy (Scotland) Act 1856

Tennent v. Crawford (1878): Clarifying the Scope of Judicial Review Under Section 71 of the Bankruptcy (Scotland) Act 1856

Date: Jan 13, 1878
Tennent v. Crawford (1878): Clarifying the Scope of Judicial Review Under Section 71 of the Bankruptcy (Scotland) Act 1856 Introduction Tennent v. Crawford ([1878] SLR 15_265) is a landmark decision...
Liability and Contributory Negligence in Property Damage: Insights from Moffat & Co. v. Park (1877)

Liability and Contributory Negligence in Property Damage: Insights from Moffat & Co. v. Park (1877)

Date: Oct 17, 1877
Liability and Contributory Negligence in Property Damage: Insights from Moffat & Co. v. Park (1877) Introduction The case of Moffat & Co. v. Park ([1877] SLR 15_4) adjudicated by the Scottish Court...
M'Arthur v. Lawson: Enforceability of Partnership Promises in Employment Contracts

M'Arthur v. Lawson: Enforceability of Partnership Promises in Employment Contracts

Date: Aug 1, 1877
M'Arthur v. Lawson: Enforceability of Partnership Promises in Employment Contracts Case Title: M'Arthur v. Lawson Citation: [1877] SLR 14_668 Court: Scottish Court of Session Date: July 31, 1877...
Establishing Protections in Residuary Trusts: Insights from Gibson's Trustees v. Ross and Others

Establishing Protections in Residuary Trusts: Insights from Gibson's Trustees v. Ross and Others

Date: Jul 25, 1877
Establishing Protections in Residuary Trusts: Insights from Gibson's Trustees v. Ross and Others Introduction The landmark case of Gibson's Trustees v. Ross and Others ([1877] SLR 14_694),...
Notice Requirements and Demurrage Liability in Harris v. Haywood Gas Coal Co. [1877]

Notice Requirements and Demurrage Liability in Harris v. Haywood Gas Coal Co. [1877]

Date: Jul 4, 1877
Notice Requirements and Demurrage Liability in Harris and Others v. Haywood Gas Coal Co. [1877] Introduction The case of Harris and Others v. Haywood Gas Coal Co. ([1877] SLR 14_605) adjudicated...
Determining Conversion of Heritable Estate to Moveable Property: Hogg v. Hamilton (1877)

Determining Conversion of Heritable Estate to Moveable Property: Hogg v. Hamilton (1877)

Date: Jun 8, 1877
Determining Conversion of Heritable Estate to Moveable Property: Hogg v. Hamilton and Others (1877) Introduction Hogg v. Hamilton and Others ([1877] SLR 14_542) is a landmark case decided by the...
Ferrier's Trustees v. Bayley (1877): Establishing the Liability of Singular Successors under the Conveyancing (Scotland) Act 1874

Ferrier's Trustees v. Bayley (1877): Establishing the Liability of Singular Successors under the Conveyancing (Scotland) Act 1874

Date: May 27, 1877
Ferrier's Trustees v. Bayley (1877): Establishing the Liability of Singular Successors under the Conveyancing (Scotland) Act 1874 Introduction The case of Ferrier's Trustees v. Bayley ([1877] SLR...
Preservation of Proprietor Rights in Private Streets: Insights from Police Commissioners of Kinning Park v. Thomson & Co. (1877)

Preservation of Proprietor Rights in Private Streets: Insights from Police Commissioners of Kinning Park v. Thomson & Co. (1877)

Date: Feb 23, 1877
Preservation of Proprietor Rights in Private Streets: Insights from Police Commissioners of Kinning Park v. Thomson & Co. (1877) 1. Introduction The case of Police Commissioners of Kinning Park v....
Doctrine of Fellow-Servant Liability: Comprehensive Commentary on Woodhead v. Gartness Mineral Co ([1877] SLR 14_320)

Doctrine of Fellow-Servant Liability: Comprehensive Commentary on Woodhead v. Gartness Mineral Co ([1877] SLR 14_320)

Date: Feb 11, 1877
Doctrine of Fellow-Servant Liability: Comprehensive Commentary on Woodhead v. Gartness Mineral Co ([1877] SLR 14_320) 1. Introduction Woodhead v. Gartness Mineral Co is a seminal case decided by the...
Dun v. Bain [1877] SLR 14_248: Establishing Limits on Defamation through Contextual Interpretation

Dun v. Bain [1877] SLR 14_248: Establishing Limits on Defamation through Contextual Interpretation

Date: Jan 25, 1877
Dun v. Bain [1877] SLR 14_248: Establishing Limits on Defamation through Contextual Interpretation 1. Introduction Dun v. Bain is a seminal case adjudicated by the Scottish Court of Session on...
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