Scotland Case Commentaries

Requiring Complete Holography for Wills under Scots Law: The Macdonald v. Cuthbertson Decision

Date: Nov 15, 1890

Requiring Complete Holography for Wills under Scots Law: The Macdonald v. Cuthbertson Decision Introduction Macdonald and Another v. Cuthbertson and Another ([1890] SLR 2892) is a pivotal case...

Privilege in Defamation: Insights from Farquhar v. Neish ([1890] SLR 27_549)

Date: Mar 20, 1890

Privilege in Defamation: Insights from Farquhar v. Neish ([1890] SLR 27_549) Introduction The case of Farquhar v. Neish ([1890] SLR 27_549) adjudicated by the Scottish Court of Session in 1890 is a...

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)

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

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

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

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

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

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

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

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

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)

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

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)

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

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)

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)

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

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)

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...