Barclay v Neilson: SCS 12 Jun 1878

A lease for nineteen years contained a declaration that the additions to the farm buildings and repairs thereon should be executed in a manner to be approved of by the landlord. There was no obligation on either landlord or tenant to execute them, and no specification of what they were to be. Held (1) that in the absence of any special stipulation to the contrary, the liability for repairs must fall on the landlord, and, on the principle noscitur a sociis, that the liability for additions must also fall on him; and (2) that the measure of his liability was what was required for the cultivation of the farm in terms of his lease, and should be ascertained by a remit to a man of skill.

[1878] SLR 15 – 622 – 1


Updated: 24 January 2022; Ref: scu.577387