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While One Hundred Remain: T B Smith and the Progress of Scots Law

Kenneth G C Reid

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0001
Subject:
Law, Legal History

This chapter begins with a review of T B Smith's career and writing, which are characterized by a number of paradoxes. It then traces his academic career which began in 1949 with his appointment to ... More


Two Toms and an Ideology for Scots Law: T B Smith and Lord Cooper of Culross

Hector L MacQueen

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0003
Subject:
Law, Legal History

This chapter focuses on the ‘Cooper–Smith ideology’, which can be summarised broadly as follows. Modern Scots law was a ‘mixed’ legal system, in which a basically Roman law or Civilian structure of ... More


The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law

Laura J Macgregor

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0019
Subject:
Law, Comparative Law

This chapter analyses the legal rules governing unexpected circumstances in contract law in the mixed legal systems of Louisiana and Scotland. The subject lies at the heart of commercial law, and one ... More


Third-Party Contracts

Philip Sutherland

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0008
Subject:
Law, Company and Commercial Law

This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party ... More


Good Faith

Hector L MacQueen

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0002
Subject:
Law, Company and Commercial Law

This chapter considers good faith in the Principles of European Contract Law (PECL). It explains that Article 1:201 of PECL declares that each party must act in accordance with good faith and fair ... More


Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

John W Cairns

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682096
eISBN:
9781474415989
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682096.001.0001
Subject:
Law, Legal History

The first of two volumes, this collection of essays on Scots law represents a selection of the most cited articles published by Professor John W. Cairns over a distinguished career in legal history. ... More


Succession Law in South Africa – a Historical Perspective

François du Toit

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0014
Subject:
Law, Comparative Law

This chapter examines the succession law in South Africa from a historical perspective. It explains that South Africa has been gifted a mixed legal system through the coalescence of principally ... More


Offer, Acceptance and the Moment of Contract Formation

Geo Quinot

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0003
Subject:
Law, Company and Commercial Law

This chapter examines the issues of offer, acceptance and contract formation under the Principles of European Contract Law (PECL). It explains that the offer and acceptance model is a standard ... More


Natural Law, National Laws, Parliaments, and Multiple Monarchies: 1707 and Beyond

John W Cairns

in Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682096
eISBN:
9781474415989
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682096.003.0006
Subject:
Law, Legal History

This chapter outlines some of the changes in the legal system wrought by the Union. It shows that, prior to 1707, the Scots Parliament had been very active as a legislature, introducing many and ... More


Law Making and the Scottish Parliament: The Early Years in Context

Elaine E Sutherland, Kay E Goodall, Gavin F M Little, and Fraser P Davidson

in Law Making and the Scottish Parliament: The Early Years

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748640195
eISBN:
9780748651498
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640195.003.0015
Subject:
Law, Legal History

This chapter sets out the purpose of the book, which is to offer critical analysis of the first ten years of law making by the Scottish Parliament in a number of key areas, putting it into its wider ... More


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