Commentaries

Scotland Case Commentaries

Judicial Restrictions on Trade Union Legal Actions: Aitken v. Associated Carpenters and Joiners of Scotland (1885)

Date: Jul 4, 1885

Judicial Restrictions on Trade Union Legal Actions: Aitken v. Associated Carpenters and Joiners of Scotland (1885) Introduction The case Aitken v. Associated Carpenters and Joiners of Scotland...

Sharp v. The Pathhead Spinning Co. (1885): Employer Liability in Child Employment

Date: Jan 31, 1885

Sharp v. The Pathhead Spinning Co. (1885): Employer Liability in Child Employment Introduction Sharp v. The Pathhead Spinning Co. (Ltd) ([1885] SLR 22_368) is a seminal case adjudicated by the...

Vesting of Trusts at Death: Insights from Waters' Trustees v. Waters (1884)

Date: Dec 7, 1884

Vesting of Trusts at Death: Insights from Waters' Trustees v. Waters ([1884] SLR 22_176) Introduction Waters' Trustees v. Waters is a seminal case decided by the Scottish Court of Session on December...

Mandate to Prove Malice in Judicial Slander Claims: Scott v. Turnbull [1884]

Date: Jul 19, 1884

Mandate to Prove Malice in Judicial Slander Claims: Scott v. Turnbull [1884] Introduction Scott v. Turnbull ([1884] SLR 21_749) is a landmark case heard by the Scottish Court of Session on July 18,...

Prudential Assurance Co. v. Cheyne (1884): Clarifying the Limitations of Maills and Duties as a Superior's Remedy

Date: Jun 5, 1884

Prudential Assurance Co. v. Cheyne (1884): Clarifying the Limitations of Maills and Duties as a Superior's Remedy Introduction Prudential Assurance Co. v. Cheyne ([1884] SLR 21_606) is a seminal case...

Judicial Discretion on Trial Mode in Public Right-of-Way Disputes: Blair v. Macfie

Date: Feb 3, 1884

Judicial Discretion on Trial Mode in Public Right-of-Way Disputes: Blair v. Macfie ([1884] SLR 21_349) Introduction The case of Blair v. Macfie ([1884] SLR 21_349) stands as a significant judicial...

Inclusion of Straw in Crop Valuation under Lease Agreements: Nivison v. Howat [1883]

Date: Nov 17, 1883

Inclusion of Straw in Crop Valuation under Lease Agreements: Nivison v. Howat [1883] Introduction Nivison v. Howat ([1883] SLR 21_104) is a landmark judgment by the Scottish Court of Session that...

Establishing 'Office' within Feu-Contractual Conditions: Colville v. Carrick (1883)

Date: Jul 20, 1883

Establishing 'Office' within Feu-Contractual Conditions: Colville v. Carrick (1883) Introduction Colville v. Carrick and others ([1883] SLR 20_839) is a landmark decision by the Scottish Court of...

Grant v Drysdale (1883): Defining Employer Liability and Employee Negligence under the Employers Liability Act

Date: Jul 13, 1883

Grant v Drysdale (1883): Defining Employer Liability and Employee Negligence under the Employers Liability Act Introduction Grant v Drysdale ([1883] SLR 20_774) is a seminal case adjudicated by the...

Corke v. Brims (1883): Establishing the Definition of Separate Tenements for Tax Exemption

Date: Jul 8, 1883

Corke v. Brims (1883): Establishing the Definition of Separate Tenements for Tax Exemption Introduction The landmark case of Corke (Surveyor of Taxes) v. Brims ([1883] SLR 20_778) adjudicated by the...

Aitken v. Munro (1883): Clarifying Heritable vs. Moveable Estates in Trust Administration

Date: Jul 7, 1883

Aitken v. Munro (1883): Clarifying Heritable vs. Moveable Estates in Trust Administration Introduction The case of Aitken and Others v. Munro and Others ([1883] SLR 20_741) adjudicated by the...

Mackay v. Parochial Board of Parish of Barry (1883): Arbitration Supremacy in Contractual Disputes

Date: Jun 22, 1883

Mackay v. Parochial Board of Parish of Barry (1883): Arbitration Supremacy in Contractual Disputes Introduction Mackay v. Parochial Board of Parish of Barry is a seminal case adjudicated by the...

Reaffirming the Presumption Against Donation in Deposit Endorsements: Sharp v. Paton (1883)

Date: Jun 22, 1883

Reaffirming the Presumption Against Donation in Deposit Endorsements: Sharp v. Paton (1883) Introduction Sharp v. Paton ([1883] SLR 20_685) is a pivotal case adjudicated by the Scottish Court of...

Assumption of Risk and Employer Liability: Insights from M'Gee v. The Eglinton Iron Co.

Date: Jun 10, 1883

Assumption of Risk and Employer Liability: Insights from M'Gee v. The Eglinton Iron Co. Introduction The case of M'Gee v. The Eglinton Iron Co. ([1883] SLR 20_649) is a landmark decision by the...

Buchanan v. Marr (1883) SLR 20_635: Enforcement of Feu-Contract Building Restrictions

Date: Jun 8, 1883

Buchanan v. Marr (1883) SLR 20_635: Enforcement of Feu-Contract Building Restrictions Introduction Buchanan and Another v. Marr ([1883] SLR 20_635) is a significant case adjudicated by the Scottish...

Privilege and Malice in Slander Actions: Insights from Ritchie & Son v. Barton (1883)

Date: Mar 17, 1883

Privilege and Malice in Slander Actions: Insights from Ritchie & Son v. Barton (1883) Introduction The case of Ritchie & Son v. Barton ([1883] SLR 20_530) adjudicated by the Scottish Court of Session...

M'Gregor v. Ross & Marshall: Establishing Liability Standards for Secured Machinery Against Third-Party Interference

Date: Mar 3, 1883

M'Gregor v. Ross & Marshall: Establishing Liability Standards for Secured Machinery Against Third-Party Interference Introduction The case of M'Gregor v. Ross & Marshall ([1883] SLR 20_462)...

Competency of Sequestration Appeals Based on Potential Value of Sequestrated Goods: Thomson v. Barclay ([1883] SLR 20_440)

Date: Feb 28, 1883

Competency of Sequestration Appeals Based on Potential Value of Sequestrated Goods: Thomson v. Barclay ([1883] SLR 20_440) Introduction Thomson v. Barclay is a landmark case adjudicated by the...

Allan v. Markland (1882): Defining Tenant Rights in the Wake of Property Damage

Date: Dec 22, 1882

Allan v. Markland (1882): Defining Tenant Rights in the Wake of Property Damage Introduction The case of Allan v. Markland ([1882] SLR 20_267) stands as a pivotal decision in Scottish landlord-tenant...

Contributory Negligence in Pediatric Accident Claims: Frasers v. The Edinburgh Street Tramways Co. [1882]

Date: Dec 3, 1882

Contributory Negligence in Pediatric Accident Claims: Frasers v. The Edinburgh Street Tramways Co. [1882] Introduction The case of Frasers v. The Edinburgh Street Tramways Co. ([1882] SLR 20_192)...

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