On 15 April, Scott Styles wrote here on Covid-19 and the Frustration of Leases on the Grounds of Illegality. In this short note, Mitch Skilling and Douglas Bain consider – in much briefer form and citing far fewer authorities than Mr Styles’ scholarly discussion - another aspect of contract and…
[This blog is an extract of a much fuller article on Frustration available online from the University of Aberdeen Centre for Scots Law]
Contract Law and Frustration
Certainty of performance is at the heart of contract law, as Lord Hope remarked
“…the maxim pacta sunt servanda [‘agreements must be…
Professor Ken Reid notes in his Property (Stair Memorial Encyclopaedia vol. 18) at para 277 that ‘[t]enements or 'lands' were in widespread use in Scotland as early as the sixteenth century. But despite this long history they are little discussed by juristic writers before Hume and Bell and there are…
Dr Douglas Bain and Mitch Skilling here unpick an interesting tenants’ notice clause in a Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 and reach some broader conclusions.
In any university town, students will make up a large part of the private rented sector’s consumer pool.…
This blog post is a follow-up to a previous post by Mitchell Skilling and Douglas Bain from June 2018.
The Upper Tier Tribunal for Scotland is the appellate court of the First-tier Tribunal for Scotland’s various Chambers, as established by the Tribunals (Scotland) Act 2014 (asp 10). Prior to April…
In this blog post, Malcolm Combe (a senior lecturer in the School) and Malcolm Rudd (a graduate of the University of Aberdeen and recent research assistant, supported by the Carnegie Trust for the Universities of Scotland) discuss the non-reform of the law of inheritance as it applies to land in…
The Scottish Government guidance note Private Residential Tenancies: Information for Tenants (published 26 April 2017 ) correctly summarises the state of the law in relation to Private Residential Tenancies (PRTs) under the Private Housing (Tenancies) (Scotland) Act 2016 when it states
“To end a joint tenancy, all the joint tenants…
With Scotland’s new tribunals structure now progressively coming into operation, lawyers and other interested parties might do well to start updating their internet browser favourites so as to keep up to date with the latest news.
The First-tier Tribunal for Scotland, the Upper Tribunal for Scotland and the First-tier Tribunal…
This blog post is based on the presentation he gave at the launch of the seventh volume of the Aberdeen Student Law Review, itself based on an article that he wrote for that volume.
At a common law level, the Scottish contract of lease is made up of four elements:
…
With all the major world-shaking events that are at present going on around us, it is easy to overlook the smaller things, which may, nevertheless, still have an effect upon us. For example, on the Brexit/Trump scale of 0-10, the Tenancy Deposit Schemes (Scotland) Regulations 2011 might, on the…
