Fraud and Voidable Transfer

This book explores the structure and rationale for the effect of fraud on transfer and other proprietary grants in Scots law. It explains the emergence of voidability as a concept, and proposes related rationales for voidability arising from fraudulent and innocent misrepresentation on the one hand and for voidability arising from the insolvency of the granter, litigiosity and and the so-called offside goals rule on the other. It also explains why arrestment is best not thought of as giving rise to litigiosity and voidability and provides the first modern account of the law of horning in Scots law.