Commentaries

Scotland Case Commentaries

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

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)

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

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

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

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)

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]

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

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)

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)

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)

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...

Jus Mariti and Recompense in Property Improvement: Insights from Rankin v. Wither (1886)

Date: May 27, 1886

Jus Mariti and Recompense in Property Improvement: Insights from Rankin v. Wither (1886) Introduction Rankin v. Wither ([1886] SLR 23_629) is a seminal case adjudicated by the Scottish Court of...

Clarifying the Scope of Section 163: Heritable Creditors' Rights in Company Liquidation — Athole Hydropathic Co. v. Scottish Provincial Assurance Co. [1886]

Date: Mar 20, 1886

Clarifying the Scope of Section 163: Heritable Creditors' Rights in Company Liquidation Athole Hydropathic Co. and Liquidator v. The Scottish Provincial Assurance Co. ([1886] SLR 23_570) Introduction...

Defining Structural Damage Compensation: Insights from The Glasgow City and District Railway Co. v. Macgeorge [1886] SLR 23414

Date: Feb 26, 1886

Defining Structural Damage Compensation: Insights from The Glasgow City and District Railway Co. v. Macgeorge [1886] SLR 23414 Introduction The case of The Glasgow City and District Railway Co. v....

Clarifying the Scope of "Mines and Minerals" under the Railway Clauses Consolidation Act 1845: The Nisbet Hamilton v. North British Railway Co. Judgment

Date: Jan 16, 1886

Clarifying the Scope of "Mines and Minerals" under the Railway Clauses Consolidation Act 1845: The Nisbet Hamilton v. North British Railway Co. Judgment Introduction The case of Nisbet Hamilton v....

J & A Wyllie v. Harrison & Co.: Defining Liability for Demurrage Under Port Customs

Date: Oct 30, 1885

J & A Wyllie v. Harrison & Co.: Defining Liability for Demurrage Under Port Customs Introduction The case of J & A Wyllie v. Harrison & Co. ([1885] SLR 23_62_1) was adjudicated by the Scottish Court...

Taylor v. M'Dougall & Sons and Rutherford ([1885] SLR 22869): Establishing the Boundaries of Amending Summons in Damages Actions

Date: Jul 16, 1885

Taylor v. M'Dougall & Sons and Rutherford ([1885] SLR 22869): Establishing the Boundaries of Amending Summons in Damages Actions Introduction Taylor v. M'Dougall & Sons and Rutherford is a pivotal...

Argyllshire v. Campbell (1885): Affirming Reserved Access Rights in Feu-Dispositions

Date: Jul 11, 1885

Argyllshire v. Campbell (1885): Affirming Reserved Access Rights in Feu-Dispositions Introduction The case of Commissioners of Supply of Argyllshire v. Campbell ([1885] SLR 22_856) is a seminal...

Sheppard's Trustee v. Sheppard and Others (1885): Clarifying Conversion of Heritable Estates in Trusts

Date: Jul 4, 1885

Sheppard's Trustee v. Sheppard and Others ([1885] SLR 22_801) Introduction Sheppard's Trustee v. Sheppard and Others is a landmark decision by the Scottish Court of Session delivered on July 3, 1885....

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