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Scotland Case Law

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Contract law [2015] ScotCS CSOH_10A

Stork Technical Services (RBG) Ltd v Ross

Stork Technical Services (RBG) Ltd v Ross [2015] ScotCS CSOH_10A (3 February 2015)

The Court of Session held that the adjudication contract was with Knights Solicitors LLP, not Mr Ross personally, and granted absolvitor for the defender.

  • Adjudicator's liability
  • Restitution
  • Contractual parties
  • Failure of purpose
  • Mutuality of contract
  • Adjudication
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Trusts and estates [1912] ScotLR 294

Burgess's Trustees v. Crawford and Others

Burgess's Trustees v. Crawford and Others [1912] ScotLR 294 (31 January 1912)

The Court of Session held that a bequest to found an industrial school for females in Paisley had failed and could not be applied cy près.

  • Charitable bequests
  • Cy près doctrine
  • Failure of purpose
  • Testamentary construction
  • Charitable-bequests
  • Cy-pres-doctrine
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Trusts and estates [1910] ScotLR 522

Middlemas v. Gibson and Others

Middlemas v. Gibson and Others [1910] ScotLR 522 (17 March 1910)

The Court of Session held that money paid to a law agent for a specific composition settlement had to be returned when the settlement failed, and could not be retained by set-off.

  • Compensation
  • Specific appropriation
  • Failure of purpose
  • Right to retain
  • Mandate
  • Law agent's lien
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Charity [1908] ScotLR 899

Paul (Guardian of Thomson's Mortification), Petitioner

Paul (Guardian of Thomson's Mortification), Petitioner [1908] ScotLR 899 (04 July 1908)

The Court of Session granted wider powers for a charitable mortification, allowing the trustee to supply coal, milk, oatcakes, bread, or flour at reduced prices when oatmeal sales no longer used the trust income.

  • Mortification
  • Nobile officium
  • Extension of trustee powers
  • Failure of purpose
  • Charitable-trusts
  • Trust-administration
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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.