Important Cases Flashcards

(12 cards)

1
Q

Johnstone’s Trustees v Baird

A

Agreement of joint ownership is not enough to make other person owner

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2
Q

Wheeldon’s Exr v Spencers Exr

A

Powfoot Hall sale (missives not enough to make him owner)

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3
Q

Sharp v Thomson

A

Bank can still claim property over old security if new ownership not register

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4
Q

Burnett’s Trustee’s v Grainger

A

Mind the conveyancing gap - into of advance notices

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5
Q

Lothian Border Farmers v McCutcheon

A

Lease is not a breach of warrandice as no detriment to value

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6
Q

Rodger (Builders) v Fawdry

A

Offside goals rule

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7
Q

Wallace v Simmers

A

Must have an existing personal right to obtain a real right

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8
Q

Alex Brewster & Sons v Coughey

A

If C learns of B’s personal agreement at any point before registration = bad faith (offside goals)

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9
Q

Trade Development v Crittall Windows

A

Offside goals can apply if standard security registered in bad faith ahead of missive with B

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10
Q

Trade Development Bank v Warriner & Mason (Scotland) Ltd

A

Lease is granted in breach of standard security so issue separate to offside goals

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11
Q

Scottish Widow’s v Buist

A

Assignatus utitur - debtor’s defences also transfer

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12
Q

Binstock Miller & Co Ltd v E Coya & Co Ltd

A

Fault OJ defence transfers to assignee

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