Category Archives: Contract

Unilateral promise within an employment context

A short Outer House judgment of Lord Malcolm from the end of July 2016 has caught this blogger’s attention for its reference to the peculiarly Scots obligation of unilateral promise. In Fisher v Applied Drilling Technology international Ltd the pursuer … Continue reading

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The “natural meaning” approach to interpreting contracts in the Court of Session

The decision of the Supreme Court last year in Arnold v Britton hinted at a shift in the thinking of the current Supreme Court justices in relation to the proper approach to the interpretation of contracts. In marked contrast to … 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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Two recent decisions on the battle of the forms (i.e. conflicting standard conditions of contract)

Two decisions of the courts in recent months have focused on a seldom litigated aspect of contract law: the so-called ‘battle of the forms’, or, to put it less figuratively, on the question of what is to happen when parties’ … Continue reading

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