Hughes v. Barratt Urban Construction (Scotland)Ltd [2002] ScotCS 87 (20th March, 2002)

Hughes v. Barratt Urban Construction (Scotland)Ltd [2002] ScotCS 87 (20th March, 2002)

The pursuer pled a relevant case for breach of the express term (clause 3) of the Agreement regarding construction standards, not excluded by clause 5 on the pleadings. There was no room for an implied term where the contract expressly addressed the standard of workmanship and materials, and the delictual case was irrelevant as the relationship was governed by contract and the alleged loss was purely economic.

Citation
[2002] ScotCS 87
Parties
Pursuer: John Joseph Hughes; Defenders: Barratt Urban Construction (Scotland) Ltd
Jurisdiction
Scotland
Procedural Posture
Civil (contract/delict) / Procedure Roll Debate on Relevancy; Interlocutor Allowing Proof Before Answer on Express Term Claim, Excluding Implied Term and Delictual Averments
Outcome
Proof before answer allowed on express term claim; implied term and delictual averments excluded from probation; partial repelling of pursuer's plea-in-law.
Legal Topics
Breach of Express Contract Term, Implied Terms, Delictual Liability for Defective Construction, Limitation of Liability Clauses, NHBC Scheme and Insurance
Contract Law Delict (tort) Construction Law Breach of Express Contract Term Implied Terms Delictual Liability for Defective Construction Limitation of Liability Clauses NHBC Scheme and Insurance

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Parties

John Joseph Hughes

Pursuer

Barratt Urban Construction (Scotland) Ltd

Defenders

Procedural Posture

Civil (contract/delict) / Procedure Roll Debate on Relevancy; Interlocutor Allowing Proof Before Answer on Express Term Claim, Excluding Implied Term and Delictual Averments

Legal Issues

  1. 1 Whether the pursuer has a relevant case for breach of an express contractual term regarding construction standards
  2. 2 Whether an implied term as to workmanship and materials can be read into the contract
  3. 3 Whether a delictual (tortious) duty of care exists alongside or beyond the contractual relationship

Ratio Decidendi

The pursuer pled a relevant case for breach of the express term (clause 3) of the Agreement regarding construction standards, not excluded by clause 5 on the pleadings. There was no room for an implied term where the contract expressly addressed the standard of workmanship and materials, and the delictual case was irrelevant as the relationship was governed by contract and the alleged loss was purely economic.

Court Disposition

Proof before answer allowed on express term claim; implied term and delictual averments excluded from probation; partial repelling of pursuer's plea-in-law.

Orders

  • Exclude from probation the averments relating to the implied term case.
  • Exclude from probation the averments relating to the delictual case.