Fraser v. The Professional Golfers Association Ltd [2006] ScotCS CSOH_129 (25 August 2006)

Fraser v. The Professional Golfers Association Ltd [2006] ScotCS CSOH_129 (25 August 2006)

The court held that there was an implied term in the contract requiring the defenders to assess the pursuer's performance fairly and reasonably and by the standards of a competent golf club repairer. The defenders were vicariously responsible for the actions of their examiners. However, on the facts, while there were errors by the examiners, the pursuer's own performance did not meet the required standard in material respects, and thus the defenders were not in breach of contract.

Citation
[2006] ScotCS CSOH_129
Parties
Pursuer: Colin Fraser; Defender: The Professional Golfers' Association Limited
Jurisdiction
Scotland
Judgment Date
25 August 2006
Procedural Posture
Civil (breach of Contract) / Judgment After Proof Before Answer
Outcome
Action dismissed
Legal Topics
Implied Terms, Professional Examinations, Vicarious Liability, Standard of Assessment, Breach of Contract
Contract Law Implied Terms Professional Examinations Vicarious Liability Standard of Assessment Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Fraser

Pursuer

The Professional Golfers' Association Limited

Defender

Procedural Posture

Civil (breach of Contract) / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the defenders breached an implied term to assess the pursuer's examination fairly and reasonably and by the standards of a competent golf club repairer
  2. 2 Whether the examiners' actions were attributable to the defenders
  3. 3 Whether the pursuer's performance met the required standard

Ratio Decidendi

The court held that there was an implied term in the contract requiring the defenders to assess the pursuer's performance fairly and reasonably and by the standards of a competent golf club repairer. The defenders were vicariously responsible for the actions of their examiners. However, on the facts, while there were errors by the examiners, the pursuer's own performance did not meet the required standard in material respects, and thus the defenders were not in breach of contract.

Court Disposition

Action dismissed

Orders

  • The pursuer's claim is refused.