National Childrens' Home & Orphanage Registered Trustees v Hogg & Anor [2000] ScotCS 267 (26 October 2000)

National Childrens' Home & Orphanage Registered Trustees v Hogg & Anor [2000] ScotCS 267 (26 October 2000)

In a claim founded on the express warranty, the only relevant heads of loss are those specified in the warranty: the fee paid for the certificate, the excess of price over true value, and interest. The warranty defines the extent of the benefit conferred, and the pursuers cannot claim damages outside its terms. The language of the warranty is sufficiently clear to exclude other measures of loss, such as repair costs, as primary heads of claim.

Citation
[2000] ScotCS 267
Parties
Pursuer: The Trustees of the National Children's Home and Orphanage Registered; Defender: Stirrat Park Hogg and Others
Jurisdiction
Scotland
Judgment Date
26 October 2000
Procedural Posture
Civil / Interlocutory (debate on Relevancy of Averments of Loss)
Outcome
Averments of loss based on repair costs as a primary measure excluded from probation; case put out By Order for further procedure.
Legal Topics
Breach of Warranty, Measure of Damages, Property Searches, Leases
Contract Law Property Law Breach of Warranty Measure of Damages Property Searches Leases

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Parties

The Trustees of the National Children's Home and Orphanage Registered

Pursuer

Stirrat Park Hogg and Others

Defender

Procedural Posture

Civil / Interlocutory (debate on Relevancy of Averments of Loss)

Legal Issues

  1. 1 What is the proper measure of loss under the express warranty in the property search certificate?
  2. 2 Does the warranty's language exclude common law damages?
  3. 3 Can the warranty's quantification of loss be applied to leases, not just purchases?

Ratio Decidendi

In a claim founded on the express warranty, the only relevant heads of loss are those specified in the warranty: the fee paid for the certificate, the excess of price over true value, and interest. The warranty defines the extent of the benefit conferred, and the pursuers cannot claim damages outside its terms. The language of the warranty is sufficiently clear to exclude other measures of loss, such as repair costs, as primary heads of claim.

Court Disposition

Averments of loss based on repair costs as a primary measure excluded from probation; case put out By Order for further procedure.

Orders

  • Averments underlined in Article 6 of the Condescendence excluded from probation.
  • Case to be put out By Order for discussion of future procedure.