A Treatise On the Law of Personal Bar in Scotland : Collated With the English Law of Estoppel in Pais

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Dun, 1912 S.C. at p. 8. " Ibid., 329, 106.
120 ACQUIESCENCE Obserrations thereon.
Dicta of English judges.
Company cases.
' a plea in law ; but I think the lapse of time is a circumstance which ' ought to be taken into account, and ought largely to influence our ' estimate of, and the conclusion we come to upon, the facts of the case. '^^ It thus appears that the opinions of the Scottish judges above cited are in entire consistency with the law regarding acquiescence, as already expounded, and
...that in the House of Lords the very same arguments which are usually adduced in justification of the statute law of pre- scription are applied to periods short of the long negative prescription.
It may be suggested, therefore, that the cases were treated as special, depending on onus in the reduction of a written contract, assumed to be honestly made, and in particular of a compromise or transaction — a contract of unusual potency, where error is aUeged.^^ Before proceeding to Scottish dicta and decisions, it seems convenient to cite, as statements of equity, the remarks of certain distinguished Enghsh judges.


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