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At common law, following Winston v Patrick, [22] the delivery of a disposition to a disponee supersedes any personal obligations in the contract, even if collateral in nature under operation of the prior communings rule. The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the ...
Sharp v Thomson 1997 SC(HL) 66 is a United Kingdom House of Lords decision regarding the status of an unrecorded disposition in Scots Property Law. [1] The case was brought by Sharp as receivers for Albyn Construction Ltd, a building company who had sold a house in Aberdeen to the Thomsons, a brother and sister. Albyn had agreed to sell the ...
Scottish case law (2 C, 18 P) Scots civil law (2 C, 9 P) Courts of Scotland (8 C, 34 P) Crime in Scotland (8 C, 10 P) Scottish criminal law (5 C, 59 P) F.
The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition. [31] However, many conveyancers still include the use of a 2-year supersession clause in the Missives of Sale to ensure that contractual obligations come to end after 2 years rather than by negative prescription under ...
Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981), was a case decided by the United States Supreme Court, in which the court considered the lower court's application of its power of forum non conveniens, a common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.
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The discussion paper's view on the current law of compulsory purchase runs to 322 pages, but is succinctly summarised in the SLC's news release: "The essential problem is that the law on compulsory purchase is largely set out in legislation passed between the middle of the nineteenth century and the middle of the twentieth century.
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...