Urquhart v. Fairweather (Urquhart's Trustee) [1905] ScotLR 43_7 (28 October 1905)
No definite arrangement for payment of wages was proved; the circumstances indicated a family business carried on for the benefit of all, and no presumption of entitlement to wages arises in such cases. The pursuer is not entitled to claim wages against her father's estate.
- Citation
- [1905] ScotLR 43_7
- Parties
- Pursuer: Ann Urquhart; Defender: William Urquhart; Defender: Thomas Fairweather (Urquhart's Trustee)
- Jurisdiction
- Scotland
- Judgment Date
- 28 October 1905
- Procedural Posture
- Civil / Appeal to Court of Session Inner House Second Division
- Outcome
- appeal dismissed
- Legal Topics
- Master and Servant, Parent and Child, Implied Contract, Quantum Meruit, Presumption of Wages
Case Brief
Summary, issues, holding and outcome
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Parties
Ann Urquhart
Pursuer
William Urquhart
Defender
Thomas Fairweather (Urquhart's Trustee)
Defender
Procedural Posture
Civil / Appeal to Court of Session Inner House Second Division
Legal Issues
- 1 Whether a daughter working for her father in a family business is entitled to claim wages absent a definite agreement
- 2 Whether a presumption of entitlement to wages arises in family employment situations
Ratio Decidendi
No definite arrangement for payment of wages was proved; the circumstances indicated a family business carried on for the benefit of all, and no presumption of entitlement to wages arises in such cases. The pursuer is not entitled to claim wages against her father's estate.
Court Disposition
appeal dismissed
Orders
- Judgments of the Sheriffs affirmed
- Defender assodzied from conclusions of the action
Full Case Text
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