The Scots Law Times

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C.E. Green & Son, Limited, 1926 - Law
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Page 221 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 404 - ... and in every case where any accumulation shall be directed otherwise than as aforesaid, such direction shall be null and void, and the rents, issues, profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this act. go to and be received bv such person or persons as would have been entitled thereto if such accumulation had not been directed.
Page 42 - young person " means a person under 18 years of age who is no longer a child ; The expression " parent " in relation to a young person includes guardian and every person who is liable to maintain or has the actual custody of the young person ; The expression
Page 404 - That no person or persons shall after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
Page 337 - Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship, or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the sentence.
Page 342 - Act an accident resulting in the death or serious and permanent disablement of a workman shall be deemed to arise out of and in the course of his employment, notwithstanding that the workman was at the time when the accident happened acting in contravention of any statutory or other regulation applicable to his employment, or...
Page 343 - Nor can you deny him compensation on the ground only that he was injured through breaking rules. But if the thing he does imprudently or disobediently is different in kind from anything he was required or expected to do and also is put outside the range of his service by a genuine prohibition, then I should say that the accidental injury did not arise out of his employment.
Page 79 - ... in the course of his opinion in the case of Moore v. Manchester Liners, Limited, [1910] AC 498, at p. 500, said this: "I think an accident befalls a 'man in the course' of his employment if it occurs while he is doing what a man so employed may reasonably do within a time during which he is employed, and at a place where he may reasonably be during that time to do that thing.
Page 181 - A. sum due to any member of a company, in his character of a member, by way of dividends, profits or otherwise, shall not be deemed to be a debt of the company, payable to that member in a case of competition between himself and any other creditor not a member of the company; but any such sum may be taken into account for the purpose of the final adjustment of the rights of the contributories among themselves.
Page 359 - B. [design him], defender, in terms of the condescendence and note of pleas in law hereunto annexed : Therefore it ought and should be found and declared by decree of the lords of our council and session, that in consequence of the death of C.

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