Author Archives: Martin Hogg

Enforcing promises/contracts of a social nature

Undertakings given within a social context are often held not to give rise to any legally enforceable contracts (or unilateral promises). A story, on the BBC’s website (here) therefore makes for interesting reading. A boy (or perhaps his parents, it … Continue reading

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A negative review of our hotel? That will be $500 please!

A remarkable story appears here in today’s Daily Telegraph newspaper about a US hotel which charges guests a $500 “fine” for every negative review posted online by them, or anyone in their party, about the hotel. The hotel’s website warns … Continue reading

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Personal injury and the peril of seagulls

It cannot be very often that a judge’s discussion of a pertinent issue in litigation is summed up as being “whether the pursuer has established on the balance of probabilities that the seagull which attacked her” came from a building … Continue reading

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The importance of fundamental structural language in the law of obligations

This blogger is currently researching and writing a new book (to be published by Cambridge University Press under the title “Obligations: Law and Language”) on fundamental structural language in the law of obligations. Many fields of law, including obligations, rely … Continue reading

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New Discussion Paper published on third party rights in contract law

The Scottish Law Commission published yesterday a Discussion Paper on third party rights in contract law (the DP may be downloaded here). This is an important area of contract law, and reform has been long overdue; ever since the English … Continue reading

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The transmission of liability for exposure to asbestos

The Inner House of the Court of Session has given its judgment in the case of Bavaird v Sir Robert McAlpine and others, and has held that liability for the exposure to asbestos of a council worker, resulting in his … Continue reading

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New Comparative Obligations Law Project: Misconduct in Tort

Next week sees an event to launch a new comparative project in the field of obligations law, a study on Misconduct in European Tort Law. The project is being sponsored by the European Centre for Tort and Insurance Law (ECTIL), … Continue reading

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Strict liability for injuries on Scotland’s roads?

The Scottish Parliament is to debate on 29th October 2013 a motion concerning strict liability on Scottish roads. The motion reads: “Strict Liability That the Parliament believes that the number of fatalities and injuries to pedestrians and cyclists on Scotland’s … Continue reading

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Promises, assurances, and collateral warranties: new judicial observations

The Inner House of the Court of Session has recently delivered (12th September) its decision in the case of Royal Bank of Scotland plc v Carlyle [2013] CSIH 75. In its judgment, the Inner House held that an oral representation … Continue reading

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Donations obtained by misrepresentation

An interesting letter published in a recent edition of the New York Times was brought to my attention: “I’m on the art-museum board, so that is my preferred artistic donee. An acquaintance repeatedly called me for a donation to the … Continue reading

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