000 01462cab a22002175a 4500
001 L137264
008 070327s2007 xxk f v 000 0 eng d
035 _a(Sirsi) u137264
041 0 _aeng
100 1 _aQuigley, Ian
245 0 0 _aOn the wrong track?
260 _c2007
490 0 _aJournal of the Law Society of Scotland
_v52(2) February 2007, 48-50(3)
520 _aSuggests 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.
590 _aKA
650 2 4 _aBISSET V ABERDEEN MAGISTRATES
650 2 4 _aOPTICAL EXPRESS (GYLE) LTD V MARKS AND SPENCER PLC
651 4 _aScotland
_y1999-
690 _aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
942 _n0
999 _c78572
_d78572