Member Login  |   Join Us  |  Resources  |  FAQs  |  News  |  Events  |  Contact Us  


  Search for a Solicitor Advocate

 contact@solicitoradvocates.org

Follow us   

 

General

SLC issues report on JQT 18/07/2016 The Scottish Law Commission has published a report recommending reform of the Scottish legal principle of jus quaesitum tertio.

SLC issues report on JQT

The Scottish Law Commission (SLC) has published a report recommending reform of the Scottish legal principle of jus quaesitum tertio.

Scots law has traditionally allowed the parties to a contract to create rights under their contract for others (who are called “third parties”, to mark out the distinction between them and the contracting parties). The process goes by the Latin name of jus quaesitum tertio. By contrast, English and Welsh law, and many other common law systems, did not permit this, on the basis that strangers to a contract should not have rights under it.

In recent years, however, a number of those jurisdictions have passed legislation allowing third-party rights to be created, and they do so in ways which point up the deficiencies in the long-standing Scottish common law rules. The last major development in Scots law came from a House of Lords decision in 1920, and the resulting rules have not kept pace with contemporary demands.

The SLC has therefore recommended that the common law be replaced by a modern, updated statute which would put Scotland back on the map in this area.

"The common law in this area has been notoriously difficult to state and clearly out of line with current business and social needs,” said Professor Hector MacQueen, the lead Commissioner for this project. “This reform should bring the Scots law up to at least the highest modern standards in the area and, we hope, a bit beyond that too."

The report can be found here.

 

Find a Solicitor Advocate
Looking for a solicitor advocate to
represent you or your client?
Learn more
 
 

Sitemap  |  Privacy and legal  |  Accessibility  |  Cookies Policy  |  Terms and Conditions  |  Scam Alert

© Copyright 2012 The Society of Solicitor Advocates

Website by Red Towers (Scotland) Limited