Lang v Lang [1920] ScotCS CSIH_1 (06 November 1920)

Lang v Lang [1920] ScotCS CSIH_1 (06 November 1920)

Fraudulent misrepresentation or concealment regarding pregnancy by another man at the time of marriage does not render the marriage null and void under Scottish law; marriage is not subject to the ordinary principles of contract law regarding fraud, and the doctrine in Stein v. Stein is overruled.

Citation
[1920] ScotCS CSIH_1
Parties
Pursuer: Lang; Defender: Lang
Jurisdiction
Scotland
Judgment Date
06 November 1920
Procedural Posture
Action for Nullity of Marriage / Appeal
Outcome
pursuer's averments held irrelevant; action for nullity of marriage dismissed
Legal Topics
Nullity of Marriage, Fraudulent Misrepresentation, Fraudulent Concealment, Marriage Contract, Status of Marriage
Family Law Nullity of Marriage Fraudulent Misrepresentation Fraudulent Concealment Marriage Contract Status of Marriage

Case Brief

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Parties

Lang

Pursuer

Lang

Defender

Procedural Posture

Action for Nullity of Marriage / Appeal

Legal Issues

  1. 1 Whether fraudulent misrepresentation or concealment of pregnancy by another man at the time of marriage renders the marriage null and void
  2. 2 Whether the principles of contract law regarding fraud apply to marriage contracts in Scotland

Ratio Decidendi

Fraudulent misrepresentation or concealment regarding pregnancy by another man at the time of marriage does not render the marriage null and void under Scottish law; marriage is not subject to the ordinary principles of contract law regarding fraud, and the doctrine in Stein v. Stein is overruled.

Court Disposition

pursuer's averments held irrelevant; action for nullity of marriage dismissed

Orders

  • Stein v. Stein overruled
  • Lord Ordinary's interlocutor recalled