Semester 1 Flashcards
Sloan’s Diaries v Glasgow Corporation
Risk passes from buyer to seller on conclusion of missives.
Rodger Builders Ltd v Fawdry
Offside goals. Subsequent registered disposition was voidable and as such reduced. Bell acquired in bad faith. seller reassured the second buyer (wrongly) that the earlier contract was no longer in force and, again as here, the second buyer took the seller at his word. It was held that a buyer who knows about an earlier contract has a duty to make independent investigations as to its status. Having failed to do so, the buyer was held to be in bad faith, and the offside goals rule was applied.
Sharp v Thomson
Recievership before registering disposition. FC created real right before T acquired ownership. Held: Formal title remained with seller. Floating charge did not attach.
Burnett’s Trs v Grainger
Trustee won race to register. HoL declined to apply Sharp v Thomson to personal insolvency however party at loss had right to compensation for professional negligence.
Harris v Abbey National PLC
In taking possession of a house you consequentially take possession of the unknown. AB took possession of contents of locked cupboard.
Shetland Islands Council v BP Petroleum Development Ltd (sullom voe)
- BP built oil refinery on council land
- Refinery acceded therefore council owned
- Parties intentions were irrelevant (BP clause ineffective)
Clydesdale Bank v Davidson
- Cannot grant a sole lease
- Cannot be an owner and a tenant simultaneously
- Rights are incompatible
Collins v Sweeney
Co-ownership is non discretionary and comes with a right to stop ownership at any point.
Carmichael v Simpson
Parked wheelchair. Held: not ordinary use of stairwell. Blocked fire escape.
Mackenzie v Maclean
Cans in skip. Act of taking did not constitute theft. Mens rea of wickedness – absent.
