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Date: Thu, 26 Apr 2007 10:28

From: John Blackie

Subject: Quinn v Leathem


There is an ironic twist to this matter as the law relating to inducing breach of contract has developed in Scotland. Apart from a few very old cases dealing with inducing servants to leave their masters there was in effect no consideration of it in the Scots law of delict until British Motor Trade Association v Gray 1951 SC 586. The judgement of Lord President Cooper, a cultural, though not political, nationalist encapsulated the law for Scotland (at 600) by reference to a dictum of Lord Macnaghten in Quinn. A consequence has been that in two more recent first instance cases it has been held that that is the whole story for Scots law and more recent developments to in England to extend/rationalise the principle - to cover for instance turning a blind eye - are not part of the law of Scotland (in particular Rossleigh Ltd v Leader Cars Lts 1987 SLT 355 (OH)).

A little corner of old unionist law! - not likely to survive.


John Blackie

Professor John Blackie
The Law School
University of Stratclyde


From: Hector MacQueen
Sent: Wed 25/04/2007 09:48
To: Robert Stevens
Subject: Re: ODG: Quinn v Leathem

So I have always understood. He was however an enthusiast for the Anglo-Scottish Union, so in that sense at least he was a unionist!



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