Considering prescription (Record no. 117179)

MARC details
000 -LEADER
fixed length control field 02048cam a2200313 4500
001 - CONTROL NUMBER
control field ABS67692
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040407n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u125781
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Brewer, G.
245 ## - TITLE STATEMENT
Title Considering prescription
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Contract Journal
Volume/sequential designation 422(6467) 17 March 2004, 26(1)
520 ## - SUMMARY, ETC.
Summary, etc. Looks at "Musselburgh and Fisherrow Co-operative Society v Mowlem Scotland Ltd" (CA30/02, unreported), which examined where defects first come to light after completion. In "Musselburgh" it was discovered a swimming pool leaked after completion in 1992, due to three reasons. CS found that Musselburgh (M) had discovered first two leaks soon after completion, but had not tried to recover damages within five years of that date. The third defect was not discovered until 2002 and could not have been discovered until then. CS did not accept Mowlem's (MO) assertion that discovery of the first two leaks should have led to discovery of a third and that this was the date for the claim of all three leaks. Each should be treated as distinct separate defects. Found that M was entitled to press its claim against MO for third defect as prescription period for that claim had not expired. Note that in Scotland limitation is called prescription. View judgment at www.scotcourts.gov.uk/.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MUSSELBURGH AND FISHERROW CO-OPERATIVE SOCIETY V MOWLEM SCOTLAND LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMPLETION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element STATUTORY LIMITATION PERIOD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PRESCRIPTION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BREACH OF CONTRACT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCOTLAND
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION ACT 1980
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCOTTISH EQUITABLE V MILLER CONSTRUCTION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILDING AND CONSTRUCTION-DEFECTS AND FAILURES-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.scotcourts.gov.uk/opinionsv/ca30_02.html">https://www.scotcourts.gov.uk/opinionsv/ca30_02.html</a>
Public note View decision on the Scottish Courts website...
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.scotcourts.gov.uk/opinionsv/ca30_02.html">https://www.scotcourts.gov.uk/opinionsv/ca30_02.html</a>
Public note View decision on the Scottish Courts website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 07/04/2004   ABS67692 125781-1001 06/08/2019 1 06/08/2019 Law report