Mackie v Scott [2017] JRC 179 (26 October 2017)

Mackie v Scott [2017] JRC 179 (26 October 2017)

It is appropriate to order a preliminary issue on whether the 'tout tel' clause excludes liability for misrepresentation, as the defendant's argument is arguable, the issue is of general importance, and the clause's interpretation is central to the dispute. The matter can be determined as a question of law without significant delay, and a fair trial can still occur if the preliminary issue is unsuccessful.

Citation
[2017] JRC 179
Parties
Plaintiff: Plaintiff (name not provided); Defendant: Defendant (name not provided)
Jurisdiction
Jersey
Judgment Date
26 October 2017
Procedural Posture
Civil / Preliminary Issue Ordered
Outcome
preliminary issue ordered
Legal Topics
Misrepresentation, Exclusion Clauses, Sale of Immovable Property, Contractual Interpretation
Contract Law Property Law Misrepresentation Exclusion Clauses Sale of Immovable Property Contractual Interpretation

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Parties

Plaintiff (name not provided)

Plaintiff

Defendant (name not provided)

Defendant

Procedural Posture

Civil / Preliminary Issue Ordered

Legal Issues

  1. 1 Whether the 'tout tel' clause in the contract of sale excludes the defendant's liability for misrepresentation claims other than deliberate misrepresentation
  2. 2 Whether a preliminary issue should be ordered on the effect of the 'tout tel' clause

Ratio Decidendi

It is appropriate to order a preliminary issue on whether the 'tout tel' clause excludes liability for misrepresentation, as the defendant's argument is arguable, the issue is of general importance, and the clause's interpretation is central to the dispute. The matter can be determined as a question of law without significant delay, and a fair trial can still occur if the preliminary issue is unsuccessful.

Court Disposition

preliminary issue ordered

Orders

  • A preliminary issue will be tried to determine whether the 'tout tel' clause excludes the defendant's liability for the plaintiff's misrepresentation claims.