To
maintain its current level of service, BAILII urgently needs the
support of its users.
Since you use the
site, please consider making a donation to celebrate BAILII's 25
years of providing free access to law. No contribution is too small.
If every visitor this month gives just £5, it will have a
significant impact on BAILII's ability to continue providing this
vital service.
Thank
you for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Ross v Magistrates of Tayne. [1711] Mor 2568 (13 February 1711)
URL: https://www.bailii.org/scot/cases/ScotCS/1711/Mor0602568-027.html Cite as:
[1711] Mor 2568
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. III.
Quod statim liquidari potest pro jam liquido habetur.
Ross v. Magistrates of Tayne
Date: 13 February 1711 Case No. No 27.
Click here to view a pdf copy of this documet : PDF Copy
The act 143d, Parl. 1592, introducing compensation, gives it place only de liquido de liquidum, and therefore regularly, compensation cannot have place in debts not yet liquid, however soon liquidable by oath or otherwise. But, in later practice, the Lords have got over this rigorous interpretation, adopting the maxim, Quod statim liquidari potest pro jam liquido habetur; thus, in this case, of which see the particulars, No 7. p. 2499.; a claim was received by way of compensation, though illiquid, offered instantly to be liquidated by oath.