Increasing pollution has become a major setback today, where emissions from vehicles and on-road emissions have become a serious problem. The problem has not only created a chaotic situation but reached catastrophic proportions with the consequence t
The competition, in general, is simply the 'right to win'. One can use fair or unfair means to sustain competition.
The three major sources of compensation for those injured or bereaved by disaster are Charitable or Trust Funds, Statutory Schemes and Civil Law Claims. In terms of chronology it makes sense to deal with them in that order, for payments may be made f
The study of disasters reveals a consistent mixture of bad design, poor safety procedures and human error.
The appropriate form of action to establish the existence of a public right of way is usually one declarator, which may be raised in either the Court of Session or the sheriff Court within
In Mann vs Brodie, Lord Watson suggested that the basis for the constitution of a public right of way by prescription was nothing other than continuous user over the prescriptive period.
Servitude can be extinguished in whole or in part by renunciation, non utendo, by prescription, elapsing of the limited period for which they were created, extinction of either of the tenement and confusio. There are, however,
INTRODUCTIONThe creation of servitude by implication is a wide topic. In theory, a distinction can be made between two main types of implication. First, an assertion that a servitude is created by an implication ar
The remedies in respect of servitudes are similar to those in the context of rights of way. The primary remedy to establish the existence or non-existence office servitude right is declarator. An action of declarator may
INTRODUCTIONIn theory, a negative servitude could be created by statue, decree arbitral or judicial decree but, leaving those possibilities aside, we examine the stated proposition that a negative servitude can be