M'Feetridge v. Stewarts & Lloyds, Ltd [1913] ScotLR 505_1 (14 March 1913)

M'Feetridge v. Stewarts & Lloyds, Ltd [1913] ScotLR 505_1 (14 March 1913)

The law governing capacity to contract is Scots law, not Irish law, as the contract was made and performed in Scotland. The pursuer, being forisfamiliated and earning his own livelihood, had capacity to contract without curator's consent. The prior arbitration decree is not res judicata as it did not determine capacity. The pursuer is entitled to inquiry into reduction of the agreement on the ground of enorm lesion.

Citation
[1913] ScotLR 505_1
Parties
Pursuer: Gilbert M'Feetridge; Curator and Administrator in Law for Pursuer: Benjamin M'Feetridge; Defenders: Stewarts & Lloyds, Limited
Jurisdiction
Scotland
Judgment Date
14 March 1913
Procedural Posture
Action of Damages at Common Law and Reduction of Agreement / Appeal on Reclaiming Note After Interlocutor of Lord Ordinary
Outcome
Interlocutor of Lord Ordinary recalled; defenders' second and third pleas repelled; proof before answer allowed.
Legal Topics
Capacity to Contract, Minor's Rights, Lex Loci Contractus Vs Lex Domicilii, Workmen's Compensation, Enorm Lesion, Res Judicata
Contract Tort Conflict of Laws Labour Law Capacity to Contract Minor's Rights Lex Loci Contractus Vs Lex Domicilii Workmen's Compensation +2 more

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Parties

Gilbert M'Feetridge

Pursuer

Benjamin M'Feetridge

Curator and Administrator in Law for Pursuer

Stewarts & Lloyds, Limited

Defenders

Procedural Posture

Action of Damages at Common Law and Reduction of Agreement / Appeal on Reclaiming Note After Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Is the contract to accept compensation binding on a minor without curator's consent?
  2. 2 Does Irish or Scots law govern the minor's capacity to contract?
  3. 3 Is the prior arbitration decree res judicata?

Ratio Decidendi

The law governing capacity to contract is Scots law, not Irish law, as the contract was made and performed in Scotland. The pursuer, being forisfamiliated and earning his own livelihood, had capacity to contract without curator's consent. The prior arbitration decree is not res judicata as it did not determine capacity. The pursuer is entitled to inquiry into reduction of the agreement on the ground of enorm lesion.

Court Disposition

Interlocutor of Lord Ordinary recalled; defenders' second and third pleas repelled; proof before answer allowed.

Orders

  • Proof before answer of parties' averments in ordinary form before Lord Ordinary
  • Expenses of discussion in procedure roll awarded to pursuer