Esheria Scotland Case Law
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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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Contract law [1902] ScotLR 39_719

Dunford & Elliot v. Maolbod & Co., et a contra

Dunford & Elliot v. Maolbod & Co., et a contra [1902] ScotLR 39_719 (19 June 1902)

The Court of Session held that persistent delay in providing ships under a monthly shipping contract justified rescission, but accepted ships still had to be loaded.

  • Breach of contract
  • Right to rescind
  • Measure of damages
  • Carriage by sea
  • Affreightment
  • Time of the essence
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.