On the wrong track?
Language: English Series: Journal of the Law Society of Scotland ; 52(2) February 2007, 48-50(3)Publication details: 2007Subject(s): Summary: Suggests that the reliance of Scottish case law on precedent has meant that it has not always kept pace with commercial practice, particularly in the context of leases. and that property law custom and practice should also be taken into account. Illustrates this viewpoint by reference to two cases. In ?Bisset v Aberdeen Magistrates? ([1898] IF 87) a lease for 999 years contained a provision whereby the grantor bound himself to deliver to the lessee and his executors and successors at any time upon request a feu charter of the subject let on the conditions contained in the lease. ?Optical Express (Gyle) Ltd v Marks and Spencer plc? ([2000] SLT 644) concerned a back letter with an exclusivity clause and whether successors to the landlord who granted that back letter could be taken bound to the terms thereof.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L137264 (Browse shelf(Opens below)) | 1 | Available | 137264-1001 |
Suggests that the reliance of Scottish case law on precedent has meant that it has not always kept pace with commercial practice, particularly in the context of leases. and that property law custom and practice should also be taken into account. Illustrates this viewpoint by reference to two cases. In ?Bisset v Aberdeen Magistrates? ([1898] IF 87) a lease for 999 years contained a provision whereby the grantor bound himself to deliver to the lessee and his executors and successors at any time upon request a feu charter of the subject let on the conditions contained in the lease. ?Optical Express (Gyle) Ltd v Marks and Spencer plc? ([2000] SLT 644) concerned a back letter with an exclusivity clause and whether successors to the landlord who granted that back letter could be taken bound to the terms thereof.