L1 Legal Personality
Thursday, 27 August 2020
13:52
A. Personality in general
Families are abstract + evolve
What is personality?
Quality, character or fact of being a person as distinct from an animal, thing or abstraction, the quality
which makes a human being
The capacity for being the subject of rights and duties recognised by law
Divided into two areas: natural persons and juristic persons
Natural persons?
People with certain rights and subject to duties under the law
Rights and duties under the law
Only legal person have standing in courts access to legal process, able to hold +
enforce rights, can be sued (subject to legal duties)
Legal Persons:
Not confined to natural living persons also includes other entities with 'legal
personalities' ("artificial" or "juristic" persons)
o Juristic persons
Includes those incorporate or under statute (limited companies) or by royal charter
(RBS or BBC), or custom and usage (faculty of advocates)
B. Natural Persons
Knight v Wedderburn (1778) M 14545
1766 john Wedderburn bought knight while in Jamaica
Knight employed as slave age 13
Wedderburn returned to Scotland and knight came too
Knight married and wanted to move to Dundee then went to JP which
decided knight retained as slave
Knight appealed to JP court and Wedderburn still one - retained as slave
1975 knight brought case before court of session; court opinion - slavery
inhumane and unchristian not recognized and inconsistent with law
Declaration that slaves not allowed in Scotland (yet still continued for at
least 20 years)
V turns into against
Modern slavery Scottish gov;
The Human Trafficking and Exploitation (Scotland) Act 2015
Section (1) human trafficking; recruitment, transportation, harboring or
exchange of any person with view of that person being exploited
Relevant whether or not person consents to actions
Sections (4) slavery, servitude or forced or compulsory servitude by one
person upon another
All human beings are natural persons
Only human beings ??
Yes only human beings with natural and legal personality and only humans subject to legal
rights and duties
During slavery some humans werent classed as natural persons; just persons
Thursday, 27 August 2020
13:52
A. Personality in general
Families are abstract + evolve
What is personality?
Quality, character or fact of being a person as distinct from an animal, thing or abstraction, the quality
which makes a human being
The capacity for being the subject of rights and duties recognised by law
Divided into two areas: natural persons and juristic persons
Natural persons?
People with certain rights and subject to duties under the law
Rights and duties under the law
Only legal person have standing in courts access to legal process, able to hold +
enforce rights, can be sued (subject to legal duties)
Legal Persons:
Not confined to natural living persons also includes other entities with 'legal
personalities' ("artificial" or "juristic" persons)
o Juristic persons
Includes those incorporate or under statute (limited companies) or by royal charter
(RBS or BBC), or custom and usage (faculty of advocates)
B. Natural Persons
Knight v Wedderburn (1778) M 14545
1766 john Wedderburn bought knight while in Jamaica
Knight employed as slave age 13
Wedderburn returned to Scotland and knight came too
Knight married and wanted to move to Dundee then went to JP which
decided knight retained as slave
Knight appealed to JP court and Wedderburn still one - retained as slave
1975 knight brought case before court of session; court opinion - slavery
inhumane and unchristian not recognized and inconsistent with law
Declaration that slaves not allowed in Scotland (yet still continued for at
least 20 years)
V turns into against
Modern slavery Scottish gov;
The Human Trafficking and Exploitation (Scotland) Act 2015
Section (1) human trafficking; recruitment, transportation, harboring or
exchange of any person with view of that person being exploited
Relevant whether or not person consents to actions
Sections (4) slavery, servitude or forced or compulsory servitude by one
person upon another
All human beings are natural persons
Only human beings ??
Yes only human beings with natural and legal personality and only humans subject to legal
rights and duties
During slavery some humans werent classed as natural persons; just persons
