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Scotland Case Law

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Tort [2017] ScotCS CSOH_98

Cruden Building and Renewals Ltd v Scottish Water

Cruden Building and Renewals Ltd v Scottish Water [2017] ScotCS CSOH_98 (05 July 2017)

The Court of Session dismissed a contractor's claim against Scottish Water, holding that limited contractual use of a site did not give title to sue for economic loss caused by damage to the site.

  • Title to sue
  • Economic loss
  • Damage to property
  • Possessory rights
  • Nuisance
  • Title-to-sue
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Property law [1977] ScotCS CSIH_2

Sloans Dairies v Glasgow Corp

Sloans Dairies v Glasgow Corp [1977] ScotCS CSIH_2 (24 March 1977)

The Court held that risk in a completed sale of heritable property passed to the buyers on conclusion of the missives, even though no date of entry had been fixed.

  • Passing of risk
  • Sale of heritable property
  • Contract formation
  • Date of entry
  • Damage to property
  • Passing-of-risk
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Criminal law [1937] ScotHC HCJ_1

Ward v Robertson

Ward v Robertson [1937] ScotHC HCJ_1 (10 November 1937)

The High Court of Justiciary allowed an appeal against a malicious mischief conviction arising from trespassing across grassland and causing damage.

  • Malicious mischief
  • Trespass
  • Mens rea
  • Damage to property
  • Malicious-mischief
  • Mens-rea
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Landlord and tenant [1913] ScotLR 682

M'coard v. Mickel

M'coard v. Mickel [1913] ScotLR 682 (16 May 1913)

A tenant who left a house empty in winter without turning off the water or informing the landlord was held liable for burst-pipe damage caused by freezing.

  • Tenant's duty of care
  • Negligence
  • Damage to property
  • Notification obligations
  • Landlord-and-tenant
  • Tenant-negligence
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.