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  • Commentaries

Scotland Case Commentaries

Reid v. Baird (1876): Establishing Landlord Liability for Defective Property Maintenance

Reid v. Baird (1876): Establishing Landlord Liability for Defective Property Maintenance

Date: Dec 14, 1876
Reid v. Baird (1876): Establishing Landlord Liability for Defective Property Maintenance Introduction Reid v. Baird ([1876] SLR 14_160) is a seminal case adjudicated by the Scottish Court of Session...
Limits on Trustee Authority in Endowed Educational Trusts: M'Culloch v. Kirk Session

Limits on Trustee Authority in Endowed Educational Trusts: M'Culloch v. Kirk Session

Date: Jul 21, 1876
Limits on Trustee Authority in Endowed Educational Trusts: M'Culloch and Others v. The Kirk Session and Heritors of the Parish of Dalry (1876) Introduction The case of M'Culloch and Others v. The...
M'Laren v. Menzies: Clarifying Validity of Multi-Sheet Wills under Section 39 of the Conveyancing Act 1874

M'Laren v. Menzies: Clarifying Validity of Multi-Sheet Wills under Section 39 of the Conveyancing Act 1874

Date: Jul 21, 1876
M'Laren v. Menzies: Clarifying Validity of Multi-Sheet Wills under Section 39 of the Conveyancing Act 1874 Introduction The case of M'Laren and Others v. Menzies and Others ([1876] SLR 13_703) deals...
Reaffirmation of Assignatus Utitur Jure Cedentis in Scottish Insurance Law: Scottish Widows' Fund v. Buist

Reaffirmation of Assignatus Utitur Jure Cedentis in Scottish Insurance Law: Scottish Widows' Fund v. Buist

Date: Jul 15, 1876
Reaffirmation of Assignatus Utitur Jure Cedentis in Scottish Insurance Law: Scottish Widows' Fund v. Buist Introduction The case of The Scottish Widows' Fund v. Buist and Others ([1876] SLR 13_659)...
Establishing Fiduciary Fee Through 'Liferent Use Allenarly' in Cumstie v. Cumstie's Trustees

Establishing Fiduciary Fee Through 'Liferent Use Allenarly' in Cumstie v. Cumstie's Trustees

Date: Jul 1, 1876
Establishing Fiduciary Fee Through 'Liferent Use Allenarly' in Cumstie v. Cumstie's Trustees Introduction The case of Cumstie v. Cumstie's Trustees ([1876] SLR 13_594) adjudicated by the Scottish...
Res Judicata in Consistorial Actions: Comprehensive Commentary on Lockyer v. Ferryman and Others (1876)

Res Judicata in Consistorial Actions: Comprehensive Commentary on Lockyer v. Ferryman and Others (1876)

Date: Jun 29, 1876
Res Judicata in Consistorial Actions: Comprehensive Commentary on Lockyer v. Ferryman and Others (1876) Introduction Lockyer v. Ferryman and Others ([1876] SLR 13_572) is a seminal case decided by...
Caledonian Railway Co. v. William Baird & Co. [1876]: Establishing Proprietor's Absolute Duty to Prevent Water Pollution

Caledonian Railway Co. v. William Baird & Co. [1876]: Establishing Proprietor's Absolute Duty to Prevent Water Pollution

Date: Jun 15, 1876
Caledonian Railway Co. v. William Baird & Co. [1876]: Establishing Proprietor's Absolute Duty to Prevent Water Pollution Introduction The case of Caledonian Railway Co. v. William Baird & Co. ([1876]...
Fraud in Agency and Trustee Liability: Insights from Traill v. Smith's Trustees and Others [1876]

Fraud in Agency and Trustee Liability: Insights from Traill v. Smith's Trustees and Others [1876]

Date: Jun 4, 1876
Fraud in Agency and Trustee Liability: Insights from Traill v. Smith's Trustees and Others [1876] Traill v. Smith's Trs. and Others ([1876] SLR 13_489) Introduction The case of Traill v. Smith's...
Presumption of Paternity in Gardner v. Gardner (1876)

Presumption of Paternity in Gardner v. Gardner (1876)

Date: May 31, 1876
Presumption of Paternity in Gardner v. Gardner (1876) Introduction Gardner v. Gardner ([1876] SLR 13463) is a landmark case adjudicated by the Scottish Court of Session on May 30, 1876. This case...
Judicial Boundaries in Voluntary Company Liquidation: Insights from Sdeuard v. Gardner & Son

Judicial Boundaries in Voluntary Company Liquidation: Insights from Sdeuard v. Gardner & Son

Date: Mar 11, 1876
Judicial Boundaries in Voluntary Company Liquidation: Insights from Sdeuard v. Gardner & Son Introduction Sdeuard v. Gardner & Son ([1876] SLR 13_363_1) is a landmark case adjudicated by the Scottish...
Control and Liability: Insights from Stephen v. Thurso Police Commissioners (1876)

Control and Liability: Insights from Stephen v. Thurso Police Commissioners (1876)

Date: Mar 4, 1876
Control and Liability: Insights from Stephen v. Thurso Police Commissioners (1876) Introduction Stephen v. Thurso Police Commissioners ([1876] SLR 13_339) is a pivotal case adjudicated by the...
Swing-Gate Authorization on Public Footpaths: Sutherland v Thomson [1876]

Swing-Gate Authorization on Public Footpaths: Sutherland v Thomson [1876]

Date: Mar 1, 1876
Swing-Gate Authorization on Public Footpaths: Sutherland v Thomson [1876] Introduction The case of Sutherland v Thomson ([1876] SLR 13_311) presented before the Scottish Court of Session addresses...
Malice and Probable Cause in Prosecutorial Liability: Craig v. Peebles (1876)

Malice and Probable Cause in Prosecutorial Liability: Craig v. Peebles (1876)

Date: Feb 17, 1876
Malice and Probable Cause in Prosecutorial Liability: Craig v. Peebles (1876) Introduction Craig v. Peebles ([1876] SLR 13_287) is a landmark judgment delivered by the Scottish Court of Session on...
Liability of Harbour Trustees: Necessity of Proving Negligence in Vessel Damage Cases - Thomson v. Greenock Harbour Trustees [1875]

Liability of Harbour Trustees: Necessity of Proving Negligence in Vessel Damage Cases - Thomson v. Greenock Harbour Trustees [1875]

Date: Dec 11, 1875
Liability of Harbour Trustees: Necessity of Proving Negligence in Vessel Damage Cases Introduction Thomson v. Greenock Harbour Trustees ([1875] SLR 13_155) is a landmark case adjudicated by the...
Essential Error and Restitution in Property Conveyance: Insights from Gilmoub v Hart (1875)

Essential Error and Restitution in Property Conveyance: Insights from Gilmoub v Hart (1875)

Date: Dec 3, 1875
Essential Error and Restitution in Property Conveyance: Insights from Gilmoub v Hart (1875) Introduction The case of Gilmoub and Others (Steuart's Trustees) v. Hart ([1875] SLR 13_105) adjudicated by...
Judicial Review of School Board Resolutions and Inspector Reports Established in Macfarlane v. School Board of Mochrum

Judicial Review of School Board Resolutions and Inspector Reports Established in Macfarlane v. School Board of Mochrum

Date: Nov 11, 1875
Judicial Review of School Board Resolutions and Inspector Reports Established in Macfarlane v. School Board of Mochrum Introduction Macfarlane v. School Board of Mochrum and Board of Education for...
Equitable Remedies in Property Encroachment: Insights from Jack v. Begg and Others [1875]

Equitable Remedies in Property Encroachment: Insights from Jack v. Begg and Others [1875]

Date: Oct 27, 1875
Equitable Remedies in Property Encroachment: Insights from Jack v. Begg and Others [1875] Introduction Jack v. Begg and Others ([1875] SLR 13_17) is a seminal case adjudicated by the Scottish Court...
Determining Partnership and Agency in Business Arrangements: An Analysis of Eaglesham & Co v. Grant ([1875] SLR 12_604_1)

Determining Partnership and Agency in Business Arrangements: An Analysis of Eaglesham & Co v. Grant ([1875] SLR 12_604_1)

Date: Jul 14, 1875
Determining Partnership and Agency in Business Arrangements: An Analysis of Eaglesham & Co v. Grant ([1875] SLR 12_604_1) Introduction The case of Eaglesham & Co v. Grant ([1875] SLR 12_604_1)...
Vesting of Trust Funds in the Absence of Entailment: Insights from Campbell’s Trustees v. Campbell (1875)

Vesting of Trust Funds in the Absence of Entailment: Insights from Campbell’s Trustees v. Campbell (1875)

Date: Jun 27, 1875
Vesting of Trust Funds in the Absence of Entailment: Insights from Campbell’s Trustees v. Campbell (1875) Introduction Campbell’s Trustees v. Campbell ([1875] SLR 12512) is a landmark judgment...
Expanding the Boundaries of Security and Liability: Smith v. Commercial Bank of Scotland (1875)

Expanding the Boundaries of Security and Liability: Smith v. Commercial Bank of Scotland (1875)

Date: Jun 24, 1875
Expanding the Boundaries of Security and Liability: Smith v. Commercial Bank of Scotland (1875) Introduction The case of Smith v. Commercial Bank of Scotland ([1875] SLR 12_568) presents a pivotal...
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