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Topic: Scots law

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In the News (Wed 24 Apr 19)

  Scots Law and the Road to the New Ius Commune, vol. 4.4
One consequence in Scots law is the enforceability of the unilateral or gratuitous promise;
In English law, by contrast, the aggrieved party is not entitled to specific performance, which is an equitable remedy subject to the discretion of the court and which will not be granted in a number of circumstances.
In general the Principles and Scots law adopt a unified approach to breach or non-performance of contract; that is to say, the remedies apply to any failure to perform in accordance with the contract, whether by total or partial non-performance, delayed or late performance, or defective performance (see generally Chapters 8 and 9).
www.ejcl.org /44/art44-1.html   (5723 words)

  Scots Law News, Edinburgh Law School
Scots Law News is however delighted to see the prospective resuscitation of the register of tartans, for which see previously Nos 608 and 642.
LAW SOCIETY OF The Law Society of Scotland announced on 27 August 2007 that its President John MacKinnon was resigning with immediate effect.
But if the law is such as to give every adult or child a legitimate expectation of not being photographed without consent on any occasion on which they are not, so to speak, on public business then it will have created a right for most people to the protection of their image.
www.law.ed.ac.uk /sln   (4850 words)

  Scots law - Wikipedia, the free encyclopedia
Scots law (or Scottish law) is the law of Scotland.
Scots law is a unique system with ancient roots and has a basis in Roman law, combining features of both uncodified Civil law dating back to the Corpus Juris Civilis and common law with medieval sources.
Scots criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences such as mobbing and breach of the peace.
en.wikipedia.org /wiki/Scots_law   (3710 words)

 William Tetley, Mixed jurisdictions: common law vs civil law (codified and uncodified) (Part I)
The diversity of the sources of the civil law, the diversity of languages in which it was expressed, the absence of contemporary commentaries on that law and the reputed "advantages" of the French and Louisiana codes, resulted in pressure for codification, which led to the formation of a commission in 1857.
At common law, foreign law was proven by the testimony of qualified expert witnesses, who were summoned to court, and subject to examination as to both their qualifications as experts and their knowledge and interpretation of the foreign law in question.
In shipping, the influence of the contemporary Law Merchant may be seen in the use by shippers and shipowners and their respective agents of a multitude of standard-form contracts, particularly standard-form bills of lading [220] and charterparties,[221] as well as in certain normative documents frequently incorporated by reference into carriage of goods by sea contracts.
www.cisg.law.pace.edu /cisg/biblio/tetley.html   (18079 words)

 Terminology; Failed contracts and O'Brien (Scott Dickson, 6 Jan 1998)   (Site not responding. Last check: )
At present there is certainly law ON restitution in England (and for the purposes of differentiation and analysis it may be subdivided into autonomous unjust enrichment and restitution for wrongs).
In Scots law at present there is simply no way that these would be seen as autonomous unjust enrichment cases (that the pursuer could ignore the remedy of reduction/rescission and instead go straight for a condictio).
If we accept that in the law of obligations there should be three main sources of obligations/causes of action (contract, autonomous unjust enrichment and tort/delict) is it not right that we should consider the restitutionary remedy (the law on restitution) in each of these three categories.
www.ucc.ie /law/restitution/rdg/9801006.htm   (1154 words)

 Scots tort law - Wikipedia, the free encyclopedia
There is no principle of tort in Scots Law, the appropriate term being delict.
The seminal case to determine parties to tort liablity in the English Common Law is Donoghue v.
Consequently, one of the most important concepts in English Common Law owes its very existence to Scots Law.
en.wikipedia.org /wiki/Scots_tort_law   (142 words)

 Wikinfo | Scots Law   (Site not responding. Last check: )
Scots law (or Scottish law) is the law of Scotland and the basis for the legal system in the Canadian province of Nova Scotia.
At the same time Burgh courts emerged dealing with civil and petty criminal matters, developing law on an English model, and the Dean of Guild courts were developed to deal with building and public safety (which they continued to do into the mid 20th century).
Scots criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischeif, and public order offences such as mobbing and breach of the peace.
www.wikinfo.org /wiki.php?title=Scots_Law   (3153 words)

 From Martin Hogg: Burnett's Trustee v Grainger (Jason Neyers, 15 Mar 2004)   (Site not responding. Last check: )
I am curious how Scots law accommodates the express trust (which is mentioned in the judgments of the Scottish Law Lords as a possibility, though one not actuated on the facts of Grainger) if ownership is ownership.
The decision represents a firmly hammered nail in the coffin of the prior, and much lamented, decision of the House of Lords in Sharp v Thomson 1997 SC (HL) 66, which came dangerously close to fatally undermining the well accepted unified notion of ownership in Scots property law, and the integrity of the property register.
But many Scots lawyers are thankful that this was not achieved by attacking the integrity of the property Register, and continuing the prior attack begun in Sharp on the principles of Scots Property Law.
www.ucc.ie /law/restitution/rdg/kk0403015.htm   (956 words)

 [No title]
Traprain Law, tells us that the first part is Old Welsh, Brythonic, Tref pren, ‘Tree steading’ and the Law, Old Norse, Lög, ‘Law’, which came to mean a ‘hill’ because of the Old Norse custom of reading out the laws from a hill or rock.
You will also have observed the three languages, Old Norse, the language of the Vikings(Norwegian variety), Gaelic, language of the Scots of Ireland and Scotland(Alba) and Brythonic, the language of the Brythons, of whom the Picts were a branch.
It is the basis for innumerable mis-translations of Scots place names or non-translations, condemning thousands of names to the fate of anonymity.
www.scotsplacenames.com   (638 words)

 Angelo Forte
And Scots law, in common with many other civilian systems, recognizes that legal literature may attain "institutional" status and that, in consequence, it too may be treated as a source of law.
These are classic reasons for not choosing the law of any small country as the proper law of an international contract for the sale of goods, or for arguing that Scots law does not govern the contract and that its courts have no jurisdiction to hear a dispute.
In 1989 the Mustill Committee recommended that the UNCITRAL Model Law on International Commercial Arbitration should not be adopted in England;[15] the [page 55] Dervaird Committee came to the opposite conclusion in Scotland [16] and, in consequence, legislation was passed which enacted the Model Law as part of the law of Scotland.
www.cisg.law.pace.edu /cisg/biblio/forte.html   (5287 words)

 BBC NEWS | Scotland | Court 'threat' to Scots law
The faculty's concern stems from the proposal that the supreme court be administered and funded by the Department for Constitutional Affairs.
It goes on to argue that the new court be based in premises which are not used by the courts of England and Wales, and possibly at a location away from London, like a city in the north of England, or Cardiff or Belfast, in order to emphasise its UK-wide role.
The faculty also suggests that at least three full-time supreme court judges have expertise in Scots law, in order to ensure that Scottish appeals are heard by a bench with a majority of Scots-trained lawyers.
news.bbc.co.uk /1/hi/scotland/3260155.stm   (412 words)

 Scots Law   (Site not responding. Last check: )
A Guide to Scots Law by Eve Athanasekou, a student at the University of Glasgow.
Scots Law Times in full text on CD-ROM contains reports of cases from 1893 to the present day.
Law Society of Scotland - includes a service called 'Dial a Law' which has one page guides on specific legal subjects such as Accidents at Work and Crofting.
www.lib.gla.ac.uk /Subject/Law/scot.html   (519 words)

 W Green
Scots Law Times is the fastest and only law reporter containing coverage from every Scottish court, civil and criminal, from the Sheriff Court to the House of Lords and the Privy Council � in a single service.
Scots Law Times is fully indexed week by week and quickly develops into an information resource that no legal professional can afford to ignore.
If you are interested in advertising in the paper edition of Scots Law Times please contact alan.bett@thomson.com.
www.wgreen.co.uk /scotslaw   (319 words)

 G8 Legal Support Group - An Activists' Guide to Scots Law
Scots law is heavily based on common law.
Although supposedly a law passed to prevent terrorism, this provision has been used against anti-war and anti-arms fair protesters in England, so it may be used at the G8 in Scotland.
The right to protest is also enshrined in law: Article 10 (Freedom of Expression) and Article 11 (Freedom of Assembly and Association) of the European Convention on Human Rights are also part of UK domestic law.
www.g8legalsupport.info /guide   (7104 words)

 Scottish Law Online - Scots Law, Scottish Law, Law in Scotland
Welcome to Scottish Law Online, a web portal for lawyers, solicitors or advocates, academics, students or the public who are interested in Scots Law.
A to Z of the Law of Scotland
Law Firms in England, the UK and the World as well as Advocates, Sheriff Officers and Accountancy Firms are also listed.
www.scottishlaw.org.uk   (822 words)

 Absolvitor: Scots Law Online
According to research conducted by Scots Law blogger Jonathan Mitchell QC, Govan Law Centre is ranked by Alexa as the top Scots Law website in all of cyberspace, ranking ahead of such sites as the Journal of the Law Society of Scotland; Faculty of Advocates; Scottish Law Commission and The Firm Magazine.
In her recently published annual report, the Scottish Commissioner for Children and Young People has called for the UN Convention on the Rights of the Child to be formally incorporated into Scots Law.
The law centre will aim to provide community legal services to the people in Fife by a variety of means and in conjunction with an existing network of advice agencies.
www.absolvitor.com   (939 words)

 Basic Legal Advice from Govan Law Centre, Glasgow
Welcome to our Scots law basic advice pages.
From consumer and tenancy disputes to debt and employment law problems - hopefully these pages will provide a starting point.
Rent arrears and housing benefit (PDF file: article based on a talk by GLC's Principal Solicitor to Glasgow sheriffs in February 2007).
www.govanlc.com /advice.htm   (230 words)

 BBC NEWS | Scotland | Anger at Scots trespass law plan
The SNP and the Association of Chief Police Officers said Scots law was already sufficient to deal with intruders on designated sites.
Ministers said it was necessary to coincide with legislation closing a loophole south of the border.
"Scots law is perfectly adequate in this area and it's contrary to where we're going in terms of right to roam."
news.bbc.co.uk /1/hi/scotland/4204663.stm   (615 words)

 Creative Commons Worldwide: UK: Scotland   (Site not responding. Last check: )
The Arts and Humanities Research Board Centre for Studies in Intellectual Property and Technology Law was established in 2002 in the Faculty of Law of Edinburgh University with the assistance of the Arts and Humanities Research Board.
The Centre conducts research into law, technology, commerce and society in the widest possible sense; its anchor projects are 'Privacy, Property and Personality'; 'Intellectual Property, Cultural Heritage and the Public Domain'; and 'E- commerce Legislation within the EU', bringing together academic and practising lawyers.
The joint project leads for Creative Commons Scotland are Professor Hector MacQueen, hector.macqueen@ed.ac.uk who is Chair of the Governing Board of the Research Centre, and Jonathan Mitchell QC, who is a practicing Queens Counsel and a visiting Research Fellow at the Centre.
creativecommons.org /worldwide/scotland   (319 words)

 Scotland and Scots Law   (Site not responding. Last check: )
But a remedy is now to hand in the form of a brand new Scots Law web site, the first to be developed by a practising member of the Scottish bar.
A leading Scots member of the English Bar decided it would be fun to be called to the Scottish bar.
At the rehearsal for the call ceremony, the very Edinburgh lady in charge explained to the English QC that there would come a point when he would be given a wig and gown by his colleagues to mark his call.
www.eurolegal.org /britpages/ukscot.htm   (1157 words)

 Scots law and the 'reasonable and prudent man' test?
Scots law and the 'reasonable and prudent man' test?
Just a modest suggestion, as I fear I may be in danger of speaking latin before the clerics.
Given the strong influence on American institutiosn of late C18 scots and (linked) continental thought and institutions, including powerful transmission of ideas through the "common sense" philosophers, I wonder whether English common law is the only or even the most appropriate place to seach for a pedigree of this concept in US law?
www.phrases.org.uk /bulletin_board/37/messages/506.html   (395 words)

 Ananova - Scots can now marry mothers-in-law
The family law reforms change laws dating back to 1567, based on the Old Testament, which said that if a man takes a wife and lies with her mother, all three should be burned alive.
The new law draws a new distinction between the continuing ban on marrying a blood relative, and the centuries-old ban on marrying those related "by affinity".
The Scots Law Commission recommended the change saying it made no sense and was unreasonable to retain the old law.
www.ananova.com /news/story/sm_1277452.html?menu=   (165 words)

 Discussion Thread: Nova Scotia Legal System
The question would seem to turn principally upon the precise implications of the original charter and upon the traditionally accepted duties and privileges of the Kings of Scots, which were rather different from those of Monarchs in countries such as England and France.
This has been due, since 1707, to Cabinet and Parliamentary ignorance, neglect and exclusion of Scots Law when dealing with British affairs, and the arbitrary rule that persons of British stock emigrating took with them English law with all its complications.
One wonders, given the history of the law applied to the acadians who moved south, to Louisiana, whether the French Code Naplolian (sp?) would be the more appropriate, rather than either the English or the Scots law.
www.h-net.org /~law/threads/novascot.html   (958 words)

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