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I find that I do actually have a thesis

Post 1

DruglessBrain

I have a number of points to argue, and I think that they meet the tests for a PhD-level thesis:

* Scots Law's problems with co-ownership go back a long time; to Craig and before, and are traceable back to a confusion that existed in Roman Law.

* In their general approach to common ownership, Scots courts have tended to muddy rather than to clear the waters.

* The Institutional Writers between Craig and Bell do little to advance a systematic treatment of the issue.

* Bell answered some of the questions, but left as many unanswered.

* Bell, however, did not posit any binary structure of co-ownership in Scotland.

* Bell's apparent contradiction at Prin. (4th ed) 1072 and 1077 can be explained.

* The law of joint property did not develop out of the law of property, but out of the law of trusts, as a species of Scots equity; i.e. the exceptional powers of the court where no remedy would otherwise be available.

* Magistrates of Banff may have determined the modern law, but actually the opinion that was not followed in the case was in fact the more convincing one. LJC Cooper's opinion however came to prevail. Cooper's opinion is flawed, but in nevertheless states the modern law.

* The case of Clydesdale Bank PLC v Davidson helped to sort out various post-Mags of Banff issues and has clarified the law to a considerable extent, but in CB v D the courts reached the right decision for the wrong reasons.


I have ordered some books - Buckland's Text-Book, Hunter's Landlord & Tenant (4th ed), and Gretton & Reid's Conveyancing 2010.

Baked tatties for tea.

It is an OK morn. Breezy, but fresh.

My Speccie sub. wine hasn't arrived yet. I will wait til' Monday before querying.

Miah is asleep. Susan is at work. She had an early morning appointment re the hip op.

We are Mudshark bingeing tomorrow.

The new glasses are nipping my head. I am used to having my head nipped, but I will nevertheless take them to be adjusted tomorrow.

I will not be buying an iPad on account of their not supporting Flash. The Galaxy Tab looks a better bet.

I broke a fountain pen last week, but, on re-examination, have been able to mend it. My hands got coated in violet ink, though.


Douglas


I find that I do actually have a thesis

Post 2

DruglessBrain

This one http://www.scotcourts.gov.uk/opinions/B835_10.html is good.


Douglas


I find that I do actually have a thesis

Post 3

PJs OH

Brilliant Douglas! You couldn't make it up.

Re Glasgow: my old stamping grounds. Went to school in that area and used to drink in the Rubaiyat on the corner of Byres Road and University Place. A wonderful 50's pub, with Omar Khayam themed decor, which has long been "updated" and "improved". Last time I looked it was called Finlays (or possibly Finlay's, although they don't tend to go in for apostrophes much in the Wild West).

Re: Mormons
Did you see today's review of "The Book of Mormon - The Musical" in the Grauniad? Not their best seasonal effort IMHO.

Best wishes
PJ's OH


I find that I do actually have a thesis

Post 4

PJs OH

PS
Are you sure you don't remember the Maurice Cochran trial?
Sometimes I think I'm the only one who does.
Can you look it up in some Scottish legal database? Glasgow, 1975 or 76.
My mate used to send me cuttings from the Evening Times.

PJ's OH


I find that I do actually have a thesis

Post 5

DruglessBrain

Re. the landlord case: If I was in HMRC and someone drew my attention to it, I would be ver' tempted to pull in the guy's files, as his arguments based on tax avoidance must surely set some alarms ringing.

Re. the Byres Road &c - the thought had occurred to me of dragging Susan down there for a couple of days just before her hip op. It is a nice area, with a bonny park, a river, interesting non-generic shops, the Hunterian, the Burrell, good bard and resturants &c. The problem with a wee break in Glesca is that the city centre is so demme generic - Thorntons, O2, Waterstones, John Lewis, Vodafone, Starbucks, Greggs &c &c. Out of town a bit, the local enterprises get a chance.

Re. 'Mormon' - It is a real show, not an April fool thing, you do realise?

Re. Maurice Cochran - not much out there. I tried some of the Uni. databases but found nil. I found this http://www.theyworkforyou.com/debates/?id=1976-06-30a.389.7 and this http://findarticles.com/p/articles/mi_qn4156/is_20020623/ai_n12576933/ Basically, it looks like an archive/microfiche job.

Douglas


I find that I do actually have a thesis

Post 6

PJs OH

Thanks Douglas,
that's the case.

Apparently the Grauniad April Fool was something to do with a royal wedding. Since I always skip over anything to do with the royal family, I missed it.

If it's real then the Mormon musical sounds like a cross between Springtime for Hitler, Jerry Springer: The Opera and the Vagina Monologues. Should wind up the PORFs.

best wishes and hope Susan's hip op goes welll
PJ's OH


I find that I do actually have a thesis

Post 7

DruglessBrain

Parker and Stone already have a musical to their credit:

http://www.youtube.com/watch?v=H7Q9ZEdOLSE


Douglas


I find that I do actually have a thesis

Post 8

DeeKay Bee

Aren't you supposed to be out carousing or mud wrestling or something?


I find that I do actually have a thesis

Post 9

DruglessBrain

Peet got some lil' tomatoes on top of his risotto. How can anyone carouse or mud wrestle when something that awful happens?

Douglas


I find that I do actually have a thesis

Post 10

DeeKay Bee

When you put it like that I fully understand.


I can't help thinking that you could have had a quick brawl in the risotto though, especially if it was unwanted.


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