An action of damages against the landlord for the loss and inconvenience suffered by the inhabitants of a house, which is let to a tenant, through its insanitary condition, is based upon the contract of lease, and consequently the wife and children of the tenant, as they are not parties to that contract, have no title to sue such an action. Cavalier v. Pope, [1906] AC 428, followed; Shields v. Dalziel, May 14, 1897, 24 R. 849, 34 S.L.R. 635, commented on; and Hall v. Hubner, May 29, 1897, 24 R. 875, 34 S.L.R. 653, reversed.
Citations:
[1908] UKHL 410
Links:
Jurisdiction:
Scotland
Landlord and Tenant
Updated: 26 April 2022; Ref: scu.621492