Cases Decided in the Court of Session, Court of Justiciary, and House of LordsT. & T. Clark, 1898 - Law reports, digests, etc |
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Common terms and phrases
accused action agree agreement alleged appears applied Argued assets assoilzied averred barony Bryndu Burgh Police Burgh Police Scotland Caledonian Railway certificate charge charter-party claim clause coal Commissioners complainer conclusion concurred contract conviction Court of Session damages declarator decree deed defenders discharge Edinburgh entitled evidence executors expenses fact favour Glasgow granted ground held interdict interlocutor judgment judicial factor June lands lease liable Lord Adam Lord Advocate Lord Moncreiff Lord Ordinary Lordship Macph Magistrates marriage Martinmas ment Methil North British North British Railway objection offence opinion paid parish parties payment person petition petitioner plea present proceedings proof provisions purpose pursuers question Railway Company refused respect respondents Robertson Rutherglen Scot Scotland settlement Sheriff Court Sheriff-substitute shew statute tenant thereof Thomas Forrest tion trust-estate trustees Vict Wemyss West Wemyss whole
Popular passages
Page 330 - 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 389 - The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.
Page 146 - Act relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgage, pledge, charge, or other security. SECTION 76. Definitions. — (1) In this Act, unless the context or subject matter otherwise requires : "Action" includes counterclaim, set-off and suit in equity. "Buyer" means a person who buys or agrees to buy goods or any legal successor in interest of such person.
Page 12 - No person shall sell to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser...
Page 345 - Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which it was sustained...
Page 343 - ... unless notice that injury has been sustained is given within six weeks and the action is commenced within six months from the occurrence of the accident causing the injury, or, in case of death, within twelve months from the time of death : Provided always, that in case of death the want of such notice shall be ¡no bar to the maintenance of such action if the judge shall be of opinion that there was reasonable excuse for such want of notice.
Page 344 - Proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless notice of the accident has been given as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured, and unless the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident...
Page 75 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus unless he shall have had notice of such contract.
Page 393 - Where a man himself inhabits any dwelling-house by virtue of any office, service or employment, and the dwelling-house is not inhabited by any person under whom such man serves in such office, service, or employment, he shall be deemed for the purposes of this Act and of the Representation of the People Acts to be an inhabitant occupier of such dwelling-house as a tenant.
Page 381 - ... for the taxed costs, charges and expenses of or in reference to such suit, matter, or proceeding, and it shall be lawful for such Court or Judge to make such order or orders for taxation of, and for raising and payment of such costs, charges and expenses out of the said property as to such Court or Judge shall appear just and proper...