Author Archives: Martin Hogg

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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A football agent’s contractual remuneration

Football agents expect to get paid for their services in finding new contracts of employment for their principals, their footballers. So what is to happen if an agent with an exclusive right to conclude transfer deals on behalf of a … Continue reading

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