The Scots Law Times, Volume 1C.E. Green, 1913 - Law |
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Common terms and phrases
1ST DIV 2ND DIV accident action Agents agree agreement amount appears appellants apply arbitration argued averments Burntisland Caledonian Railway charges circumstances claim clause coal Commissioners conclusion COND contract Counsel for Pursuer Court of Session creditors damages death debt deceased December decree deduction deed defender's defenders duty effect employment enquiry entitled evidence executors fact favour February Glasgow Grangemouth granted ground harbour heirs held HOUSE House of Lords injury inter alia interlocutor issue James January judgment jury land lease legacies liability liferent loch Lord Dundas Lord Johnston Lord Kinnear Lord Ordinary Lord President Lordships March 19 market garden marriage matter ment Methil North British Railway opinion OUTER HOUSE paid parties payment person present provisions purpose question reason referred regard respect respondent Scotland settlement Sheriff Court Sheriff-Substitute shew statute tenant testator tion trustees valuation vesting whole words
Popular passages
Page 134 - We go to gain a little patch of ground That hath in it no profit but the name. To pay five ducats, five, I would not farm it; Nor will it yield to Norway or the Pole A ranker rate, should it be sold in fee.
Page 54 - ... 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 amount which he is earning or is able to earn in some suitable employment or business after the accident but shall amount to one-half of such difference.
Page 193 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Page 244 - The first of these rules is, that on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements (by which, of course, I mean quasi-easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
Page 32 - Owner" means the person for the time being receiving the rackrent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent...
Page 39 - ... 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 193 - Section 17 (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 193 - Rule 1. Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.
Page 122 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid...
Page 283 - Sex; and whosoever neglects or refuses to comply with any such Notice shall be liable for each Default to a Penalty not exceeding Twenty Pounds, and a further Penalty not exceeding Forty Shillings for every Day during which the Default is continued.