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accident according action Agents agree allowed amount appears appellants application authority averments bank bores cause charge circumstances claim clause compensation complete conclusion condition consider consideration contract Counsel course Court damages death decided decision deed defenders doubt duty effect employment entered entitled evidence expenses expressed fact February further give given ground held hold House injury intended interest issue January judges judgment lands liability Lord Lord Ordinary March matter meaning ment necessary objection obligation opinion owner paid parties payment period person position present President proved provisions pursuer question Railway reason received record referred regard rent respect respondents result rule Scotland seems Sheriff Sheriff-Substitute statute statutory taken tion trustees whole witnesses
Page 421 - Any weekly payment may be reviewed at the request either of the employer or of the workman, and on such review may be ended, diminished, or increased, subject to the maximum above provided; and the amount of payment shall, in default of agreement, be settled by arbitration under this act.
Page 54 - And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know...
Page 428 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Page 354 - ... in the case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to cam in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper.
Page 232 - Property passes when intended to pass (1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.
Page 65 - is a common, but very slippery phrase, which, popularly understood, may signify anything from intention embodied in positive enactment to speculative opinion as to what the Legislature probably would have meant, although there has been an omission to enact it. In a court of law or equity, what the Legislature intended to be done or not to be done can only be legitimately ascertained from that which it has chosen to enact, either in express words or by reasonable and necessary implication.
Page 344 - ... inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence, or other improper means, he may refuse to record the memorandum of the agreement...
Page 315 - Appeals, the first question should be answered in the affirmative, the second question...
Page 196 - ... where there has been an innocent misrepresentation or misapprehension, it does not authorize a rescission unless it is such as to show that there is a complete difference in substance between what was supposed to be and what was taken, so as to constitute a failure of consideration.