Donald v Insch Or Hutchinson & Ors [2000] ScotCS 156 (9 June 2000)
Condition 7 is limited to matters of repair and maintenance, not statutory powers or possible declarations by local authorities, which are addressed in other conditions. Failure to disclose the possibility of a housing action area does not breach condition 7.
- Citation
- [2000] ScotCS 156
- Parties
- Pursuer: Miss Olive Donald; Defenders: Mrs Violet Insch or Hutchinson and Others; Third Party: Simpson & Marwick, W.S.
- Jurisdiction
- Scotland
- Judgment Date
- 09 June 2000
- Procedural Posture
- Action of Damages for Breach of Contract / Outer House, Court of Session, Opinion
- Outcome
- Action dismissed
- Legal Topics
- Breach of Contract, Disclosure Obligations, Housing Action Area, Missives in Property Sale
Case Brief
Summary, issues, holding and outcome
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Parties
Miss Olive Donald
Pursuer
Mrs Violet Insch or Hutchinson and Others
Defenders
Simpson & Marwick, W.S.
Third Party
Procedural Posture
Action of Damages for Breach of Contract / Outer House, Court of Session, Opinion
Legal Issues
- 1 Whether failure to disclose knowledge of possible housing action area constituted breach of contract under condition 7
- 2 Interpretation of contract conditions regarding disclosure and statutory powers
Ratio Decidendi
Condition 7 is limited to matters of repair and maintenance, not statutory powers or possible declarations by local authorities, which are addressed in other conditions. Failure to disclose the possibility of a housing action area does not breach condition 7.
Court Disposition
Action dismissed
Orders
- Sustain defender's first plea-in-law
- Sustain third party's first and second pleas-in-law
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