The Scottish Law Review and Sheriff Court Reports Volume 19

The Scottish Law Review and Sheriff Court Reports Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...aliments another who is of age to make a bargain, he cannot claim repayment, unless he has expressly bargained to that effect--the presumption of law, in the absence of agreement, being that the aliment is given ex pietate and animo donandi. This general rule has been applied in the case of mothers, stepfathers during the mother's life, grandfathers, grandmothers, and brothers--(see cases in Note (d), p. 99, of Fraser on Parent and Child, 2nd ed.)--and is, I think, applioable to the case of a brother-in-law, during the life of the Lasabmhim. sister, which is the pursuer's case. Further, although most gfiSSS.' of the cases in which the rule is exemplified are cases of oct-isTim. claims by the person who gave against the person who sheriff received aliment, it has also been applied where the aliment has been given by a relative liable only subsidiarie, and the claim was against the relative primarily liable. I am accordingly of opinion that prior to the date of the letter of 29th July, there being nothing to rebut the presumption in favour of donation, it is to be presumed that the aliment given by the pursuer was given ex pietate. It follows that up to that date at least he has no claim for repayment. It remains to consider whether the letter to which I have referred changed the situation, and the first step in this inquiry is to determine the meaning and effect of the letter. Now, as I read it, the letter, which is written by the pursuer's son, a solicitor, contains (1) a clear intimation that the defender's father cannot support himself; (2) a distinct requisition upon the defender to fulfil his legal obligation to support him; and (3) a formal notice that if the defender fails to do so legal means will be taken to compel him. The next...show more

Product details

  • Paperback | 338 pages
  • 189 x 246 x 18mm | 603g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236970136
  • 9781236970138