Ross & Anor v. Johnston, Joiner And Builders Ltd [2008] ScotCS CA_12 (08 August 2008)

Ross & Anor v. Johnston, Joiner And Builders Ltd [2008] ScotCS CA_12 (08 August 2008)

The defenders committed multiple material breaches of both express and implied contractual terms, including failure to comply with building standards, poor workmanship, and failure to keep the site safe and tidy. The cumulative effect of these breaches entitled the pursuers to rescind the contract. The pursuers were not in breach of their obligation to allow access. The pursuers may rely on defects discovered after rescission, as they existed at the time and could not have been remedied by the defenders, who showed no intention to cure the defects.

Citation
[2008] ScotCS CA_12
Parties
Pursuer: Mr Alan Ross; Pursuer: Mrs Patricia Alison Ross; Defender: Nigel Johnston, Joiner and Builder Limited
Jurisdiction
Scotland
Judgment Date
08 August 2008
Procedural Posture
Commercial Action / Decision After Preliminary Proof Before Answer
Outcome
Pursuers entitled to rescind contract; defenders' counterclaim for breach of contract by pursuers rejected; further hearing ordered to determine orders and further procedure.
Legal Topics
Breach of Contract, Material Breach, Right to Rescind, Implied Terms, Building Standards, Remedies for Breach of Contract
Contract Law Construction Law Breach of Contract Material Breach Right to Rescind Implied Terms Building Standards Remedies for Breach of Contract

Case Brief

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Parties

Mr Alan Ross

Pursuer

Mrs Patricia Alison Ross

Pursuer

Nigel Johnston, Joiner and Builder Limited

Defender

Procedural Posture

Commercial Action / Decision After Preliminary Proof Before Answer

Legal Issues

  1. 1 What were the terms of the contract between the parties?
  2. 2 To what extent, if any, were either of the parties in breach of their obligations under the contract?
  3. 3 Were the pursuers entitled to rescind the contract?

Ratio Decidendi

The defenders committed multiple material breaches of both express and implied contractual terms, including failure to comply with building standards, poor workmanship, and failure to keep the site safe and tidy. The cumulative effect of these breaches entitled the pursuers to rescind the contract. The pursuers were not in breach of their obligation to allow access. The pursuers may rely on defects discovered after rescission, as they existed at the time and could not have been remedied by the defenders, who showed no intention to cure the defects.

Court Disposition

Pursuers entitled to rescind contract; defenders' counterclaim for breach of contract by pursuers rejected; further hearing ordered to determine orders and further procedure.

Orders

  • Case put out for procedural hearing to determine further orders and procedure.