Scotland Case Commentaries

Laurent v. Lord Advocate: Establishing the Necessity of Culpa in Property Damage Claims

Date: Mar 7, 1868

Laurent v. Lord Advocate: Establishing the Necessity of Culpa in Property Damage Claims Introduction Laurent v. Lord Advocate ([1868] SLR 6_411) is a seminal case adjudicated by the Scottish Court of...

Pearce Brothers v. Irons: Liability for Defective Machinery Post-Payment

Date: Feb 26, 1868

Pearce Brothers v. Irons: Liability for Defective Machinery Post-Payment Introduction Pearce Brothers v. Irons ([1868] SLR 6_372) is a landmark case adjudicated by the Scottish Court of Session on...

Legal Commentary on Alexander v. Bridge Of Allan Water Co. (1868)

Date: Feb 6, 1868

Alexander v. Bridge Of Allan Water Co. (1868): Defining the Limits of Arbitral Authority in Statutory Contexts Introduction The case of Alexander v. Bridge Of Allan Water Co. ([1868] SLR 6_308)...

Moncrieff v Ross (1868): Defining Continuous Residence and Settlement Acquisition under the Poor-Law Amendment Act

Date: Jan 6, 1868

Moncrieff v Ross (1868): Defining Continuous Residence and Settlement Acquisition under the Poor-Law Amendment Act Introduction The case of Moncrieff v Ross ([1868] SLR 6_211) adjudicated by the...

Vesting of Shares in Trust Estates Upon Birth: The Precedent Set by Carleton v. Thomson (1867)

Date: Jul 31, 1867

Vesting of Shares in Trust Estates Upon Birth: The Precedent Set by Carleton v. Thomson (1867) Introduction The case of Carleton and Another v. Thomson and Others ([1867] SLR 4226) adjudicated by the...

Continuous Residence and Settlement Acquisition under the Poor-Law Amendment Act: Insights from Greig v. Simpson and Miles (1867)

Date: Jul 20, 1867

Continuous Residence and Settlement Acquisition under the Poor-Law Amendment Act: Insights from Greig v. Simpson and Miles (1867) Introduction Greig v. Simpson and Miles is a pivotal 1867 judgment...

Hamilton v. Turner: Establishing Dual Liability for Property Damage from Mineral Extraction

Date: Jul 20, 1867

Hamilton v. Turner: Establishing Dual Liability for Property Damage from Mineral Extraction Introduction Hamilton v. Turner and Another ([1867] SLR 4_202) is a landmark case adjudicated by the...

Morris v. Riddick (1867): Donatio Mortis Causa and Parole Evidence

Date: Jul 17, 1867

Morris v. Riddick (1867): Donatio Mortis Causa and Parole Evidence Introduction Morris v. Riddick ([1867] SLR 4_184_1) is a seminal case adjudicated by the Scottish Court of Session on July 16, 1867....

Establishing Carrier Liability: Insights from Moes v. Leith and Amsterdam Steam Shipping Co. [1867]

Date: Jul 6, 1867

Establishing Carrier Liability: Insights from Moes v. Leith and Amsterdam Steam Shipping Co. [1867] Introduction The case of Moes, Moliere, and Tromp v. Leith and Amsterdam Steam Shipping Co. and...

Johnston v. Pettigrew (1867): Establishing the Primacy of Real Rights over Personal Rights in Heritable Securities

Date: Jun 15, 1867

Johnston v. Pettigrew (1867): Establishing the Primacy of Real Rights over Personal Rights in Heritable Securities Introduction The landmark case of Johnston v. Pettigrew ([1867] SLR 4_101) was...

Fraser v. Robertson [1867]: Establishing the Principles of Settlements and Forisfamiliation in Scottish Law

Date: Jun 6, 1867

Fraser v. Robertson [1867]: Establishing the Principles of Settlements and Forisfamiliation in Scottish Law Introduction The case of Fraser v. Robertson ([1867] SLR 4_74) adjudicated before the...

Revocability of Post-Nuptial Contracts in Scottish Law: Insights from Dunlop v. Johnston (1867)

Date: Apr 2, 1867

Revocability of Post-Nuptial Contracts in Scottish Law: Insights from Dunlop v. Johnston (1867) Introduction Dunlop v. Johnston ([1867] SLR 3_372_1) is a seminal case adjudicated by the Scottish...

Carmichael v. Caledonian Railway Co. (1867): Jurisdiction and Cost Allocation in Specialized Compensation Cases

Date: Mar 27, 1867

Carmichael v. Caledonian Railway Co. (1867): Jurisdiction and Cost Allocation in Specialized Compensation Cases Introduction The case of Carmichael and Others v. Caledonian Railway Co. ([1867] SLR...

Establishment of Non-Liability of Husband for Wife’s Slander in Barr v. Neilsons [1867] SLR 5_391

Date: Mar 21, 1867

Establishment of Non-Liability of Husband for Wife’s Slander in Barr v. Neilsons [1867] SLR 5_391 Introduction Barr v. Neilsons ([1867] SLR 5_391) is a seminal case adjudicated by the Scottish Court...

Notice to Successor Proprietors and Trustee Assignments in Heritable Bond Sales: Fleming v. Imrie's Trustees

Date: Feb 12, 1867

Notice to Successor Proprietors and Trustee Assignments in Heritable Bond Sales: Fleming v. Imrie's Trustees Introduction Fleming v. Imrie's Trustees ([1867] SLR 5_242) is a landmark case adjudicated...

Establishing Testamentary Validity of Informal Writings: Lowson v. Ford (1866)

Date: Mar 21, 1866

Establishing Testamentary Validity of Informal Writings: Lowson v. Ford (1866) Introduction The case of Lowson and Others v. Ford and Others ([1866] SLR 1_227) deliberated on the interpretation and...

Colquhoun v. Colquhoun (1804): Establishing Husband's Limited Liability for Provisioning Ex-Wife

Date: Mar 8, 1804

Colquhoun v. Colquhoun (1804): Establishing Husband's Limited Liability for Provisioning Ex-Wife Introduction Colquhoun v. Colquhoun is a landmark case decided on March 7, 1804, by the Scottish Court...

Assythment Liability in Property Ownership: Black v. Caddell (1804)

Date: Feb 10, 1804

Assythment Liability in Property Ownership: Black v. Caddell (1804) Black v. Caddell. ([1804] Mor 13905) Scottish Court of Session | Date: February 9, 1804 Introduction The case of Black v. Caddell...