Scots Law Case Study

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Scots Law

The Scots law has its basis brought up from Roman law, that includes uncodifed civil law and common law with medieval sources. Scots law is the legal system of Scotland. The Scots law has two types of courts responsible for justice; criminal and civil. The supreme civil court is the Court of Session, also, certain civil appeals can be moved to the Supreme Court of the United Kingdom. The High Court of Justiciary is the supreme criminal court in Scotland. Apart from these, the Sheriff Court is the main civil and criminal court that hear most of the cases. There roughly are about 49 Sheriff Courts in the country. Also, the District Courts had been introduced in 1975 for very minor and small claims.

ANSWER (A)

The Law of Agency

Agency is defined as a bilateral, consensual and onerous contract where one party(principal), authorizes another party, known as the agent, to create relations with third parties. Here the principal authorizes the agent to work under their behalf.

This branch of law separates and control the connections between;
• Agents and principals, which is called agent-principal relationship.
• Agents and third parties with whom they bargain on behalf of the principal.
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This is similar to the case of Kelner v Baxter (1866), where a team of directors had entered into a contract for a new hotel business, where the hotel business had not been registered, in order to purchase wine. Later when the company got registered, the contract got ratified. Unfortunately, the wine had been consumed before paying the bills, and later the company went into liquidation. The members had been sued. This is because the directors acted without any principal, as the company was not registered at that time of the

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