Dickie v. Amicable Property Investment Building Society [1911] ScotLR 892 (01 July 1911)

Dickie v. Amicable Property Investment Building Society [1911] ScotLR 892 (01 July 1911)

The pursuer's averments were relevant to support a claim for damages based on breach of contract by the landlord for failure to repair, as the tenant had not accepted the risk by remaining in occupation in reliance on repeated promises to repair. The case should proceed to jury trial on an amended issue reflecting the contractual relationship and alleged fault.

Citation
[1911] ScotLR 892
Parties
Pursuer: James A. Dickie; Defender: Amicable Property Investment Building Society; Defender: Adam Watson & Son
Jurisdiction
Scotland
Judgment Date
01 July 1911
Procedural Posture
Action of Damages (personal Injury) / Interlocutory Appeal on Relevancy and Form of Issue Before Jury Trial
Outcome
Court adhered to the Lord Ordinary's interlocutor; action allowed to proceed to jury trial on amended issue.
Legal Topics
Landlord's Contractual Duty to Repair, Personal Injury From Defective Premises, Tenant's Acceptance of Risk, Breach of Contract, Jury Trial Suitability
Reparation Landlord and Tenant Landlord's Contractual Duty to Repair Personal Injury From Defective Premises Tenant's Acceptance of Risk Breach of Contract Jury Trial Suitability

Case Brief

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Parties

James A. Dickie

Pursuer

Amicable Property Investment Building Society

Defender

Adam Watson & Son

Defender

Procedural Posture

Action of Damages (personal Injury) / Interlocutory Appeal on Relevancy and Form of Issue Before Jury Trial

Legal Issues

  1. 1 Whether the pursuer's averments disclose a relevant cause of action for damages against the landlord for personal injury due to failure to repair premises
  2. 2 Whether the tenant, by remaining in occupation after knowledge of the defect and repeated promises to repair, accepted the risk and thus bars recovery
  3. 3 Whether the accident was a natural consequence of the landlord's breach of contract

Ratio Decidendi

The pursuer's averments were relevant to support a claim for damages based on breach of contract by the landlord for failure to repair, as the tenant had not accepted the risk by remaining in occupation in reliance on repeated promises to repair. The case should proceed to jury trial on an amended issue reflecting the contractual relationship and alleged fault.

Court Disposition

Court adhered to the Lord Ordinary's interlocutor; action allowed to proceed to jury trial on amended issue.

Orders

  • Issue for jury trial approved and amended to reflect the contractual relationship and alleged fault.
  • Action not dismissed; relevancy of averments upheld.