Rispond Estate & Ors v. Mainstream Scotland Ltd [2005] ScotCS CSOH_129 (29 September 2005)

Rispond Estate & Ors v. Mainstream Scotland Ltd [2005] ScotCS CSOH_129 (29 September 2005)

No binding substitute agreement was reached for supply of fry in July 2003; no implied obligation existed for defenders to accept smolts below minimum weight or reimburse ova and vaccine costs; each year's contract was separately negotiated and no express or implied terms carried over.

Citation
[2005] ScotCS CSOH_129
Parties
Pursuers: Rispond Estate and Others; Defenders: Mainstream Scotland Limited
Jurisdiction
Scotland
Judgment Date
29 September 2005
Procedural Posture
Commercial Action / Proof Before Answer
Outcome
Decree of absolvitor granted; pursuers' claims dismissed
Legal Topics
Implied Terms, Course of Dealing, Supply of Goods, Contractual Obligations, Variation of Contract
Contract Law Commercial Law Implied Terms Course of Dealing Supply of Goods Contractual Obligations Variation of Contract

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Parties

Rispond Estate and Others

Pursuers

Mainstream Scotland Limited

Defenders

Procedural Posture

Commercial Action / Proof Before Answer

Legal Issues

  1. 1 Whether there was a binding agreement for supply of fry in July 2003
  2. 2 Whether the defenders were obliged to accept smolts below the agreed minimum weight
  3. 3 Whether the defenders were obliged to reimburse the pursuers for ova and vaccine costs

Ratio Decidendi

No binding substitute agreement was reached for supply of fry in July 2003; no implied obligation existed for defenders to accept smolts below minimum weight or reimburse ova and vaccine costs; each year's contract was separately negotiated and no express or implied terms carried over.

Court Disposition

Decree of absolvitor granted; pursuers' claims dismissed

Orders

  • Repel pursuers' plea-in-law
  • Pronounce decree of absolvitor