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action App.Cas apply award Bank Bell breach of contract buyer Caledonian Campbell carrier Ch.D circumstances claim damages claim of damages common carrier common law compensation competent condition consequence Court of Session creditor debt declarator decree defect defender delay delict delivery duty Edinburgh entitled Ersk ex facie expenses failure floating charge Glasgow Corpn granted ground held Ibid injury interdict interest jurisdiction justify lease lex causae lex fori liable lien liquidate damages Lord Lord Advocate loss of profits Mags measure of damages obligation payment performance person plaintiff poinding possession principle provision purchaser pursuer question reasonable recover recoverable reduction refusal remedy repudiation rescission Robertson rule Sc.Jur Scotland Scots law Scottish seller sequestration Sh.Ct.Rep sheriff court ship Smith statutory Stewart stipulation supra suspension tenant third party trustee ultra vires warranty