W S Karoulias Sa v Drambuie Liqueur Company [2004] ScotCS 189 (30 July 2004)

W S Karoulias Sa v Drambuie Liqueur Company [2004] ScotCS 189 (30 July 2004)

The pursuer's pleadings, as amended, aver sufficient facts and circumstances to entitle it to a proof before answer on whether the parties intended to be bound by the 'Third Agreement' prior to formal execution, and the action is not irrelevant on the basis of failure to comply with the Second Agreement's modification clause.

Citation
[2004] ScotCS 189
Parties
Pursuer: W S Karoulias SA; Defender: The Drambuie Liqueur Company Limited
Jurisdiction
Scotland
Judgment Date
30 July 2004
Procedural Posture
Commercial Action / Debate on Relevancy of Pleadings; Motion for Dismissal
Outcome
Case to proceed to proof before answer; not dismissed at this stage.
Legal Topics
Formation of Contract, Intention to Create Legal Relations, Requirement of Signature, Novation, Interpretation of Contractual Terms
Contract Law Formation of Contract Intention to Create Legal Relations Requirement of Signature Novation Interpretation of Contractual Terms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

W S Karoulias SA

Pursuer

The Drambuie Liqueur Company Limited

Defender

Procedural Posture

Commercial Action / Debate on Relevancy of Pleadings; Motion for Dismissal

Legal Issues

  1. 1 Whether a binding 'Third Agreement' was concluded between the parties without formal signature
  2. 2 Whether the 'Third Agreement' was an amendment/modification of the Second Agreement or a new contract superseding it
  3. 3 Whether industry practice and parties' conduct rebut the presumption that signature was required for binding effect

Ratio Decidendi

The pursuer's pleadings, as amended, aver sufficient facts and circumstances to entitle it to a proof before answer on whether the parties intended to be bound by the 'Third Agreement' prior to formal execution, and the action is not irrelevant on the basis of failure to comply with the Second Agreement's modification clause.

Court Disposition

Case to proceed to proof before answer; not dismissed at this stage.

Orders

  • Case put out By Order for further procedure following amendment of pleadings.