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Scotland Case Law

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Contract law [2011] ScotCS CSOH_56

East Dunbartonshire Council v Gladale (North Division) Ltd

East Dunbartonshire Council v Gladale (North Division) Ltd [2011] ScotCS CSOH_56 (24 March 2011)

The court held that time was not of the essence for Phase 3 vacant possession, so any failure by the Council was not a material breach entitling Gladedale to rescind.

  • Material breach
  • Rescission
  • Time of the essence
  • Mutuality
  • Vacant possession
  • Tripartite agreement
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Property law [1902] ScotLR 39_445

Bannerman's Trustees v. Howard & Wyndham

Bannerman's Trustees v. Howard & Wyndham [1902] ScotLR 39_445 (18 March 1902)

The Court of Session held that Bannerman’s Trustees could not enforce building restrictions in a neighbouring title against Howard & Wyndham.

  • Building restrictions
  • Ground annual
  • Enforcement of obligations
  • Assignation of benefit
  • Common scheme
  • Property-law
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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.