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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 The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the ...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 ...
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 ...
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. In Scots law, the term 'property' does not solely describe land. Instead the term 'a person's property' is used when describing objects or 'things' (in Latin res) that an individual holds a right of ownership in. It is the rights that an ...
Scots Law Times; Scottish Agricultural Wages Board; Scottish Arbitration Centre; Scottish Barony Register; Scottish charitable incorporated organisation; Scottish Legal News; Scottish statutory instrument; The sea-law of Scotland; Seas west of Scotland; Session Cases; Sheriffdom; Stair Memorial Encyclopaedia; Statutes of Iona; Sutherland's Law
The Contract (Scotland) Act 1997 altered this common law rule, so that the missives are no longer superseded by the disposition.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 ...
The courts of Scotland (Scottish Gaelic: Cùirtean na h-Alba) are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland , who are the various judicial office holders responsible for issuing judgments , ensuring fair ...
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.