Hawthorns & Co., Ltd v. Whimster & Co. [1917] ScotLR 547 (18 July 1917)

Hawthorns & Co., Ltd v. Whimster & Co. [1917] ScotLR 547 (18 July 1917)

The pursuers were not liable for damages or extra costs claimed by the defenders, as the strike was not caused or contributed to by the pursuers, and a subsequent agreement was made whereby the defenders would supply labour and pursuers would supply tools, releasing pursuers from their prior contractual obligations without stipulation for liability for extra costs.

Citation
[1917] ScotLR 547
Parties
Pursuer: Hawthorns & Company, Limited; Defender: Whimster & Company and others
Jurisdiction
Scotland
Judgment Date
18 July 1917
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Defences repelled; decree granted in terms of pursuers' summons; court adhered to Lord Ordinary's judgment.
Legal Topics
Implied Terms, Reasonable Time for Performance, Impossibility of Performance, Modification of Contract, Damages for Breach, Strikes and Force Majeure
Contract Law Commercial Law Implied Terms Reasonable Time for Performance Impossibility of Performance Modification of Contract Damages for Breach Strikes and Force Majeure

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Parties

Hawthorns & Company, Limited

Pursuer

Whimster & Company and others

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether pursuers were liable for damages for failing to complete repairs within a reasonable time due to strike
  2. 2 Whether a subsequent agreement released pursuers from liability for extra costs
  3. 3 Whether the strike constituted impossibility of performance excusing breach

Ratio Decidendi

The pursuers were not liable for damages or extra costs claimed by the defenders, as the strike was not caused or contributed to by the pursuers, and a subsequent agreement was made whereby the defenders would supply labour and pursuers would supply tools, releasing pursuers from their prior contractual obligations without stipulation for liability for extra costs.

Court Disposition

Defences repelled; decree granted in terms of pursuers' summons; court adhered to Lord Ordinary's judgment.

Orders

  • Payment of £522, 2s. 2d. by defenders to pursuers
  • Counterclaim dismissed