Christie v. Wilson [1915] ScotLR 509 (12 March 1915)

Christie v. Wilson [1915] ScotLR 509 (12 March 1915)

The landlord had the right to choose between the alternative methods of providing an adequate water supply under the lease. The landlord failed to fully implement her obligation, but the tenant was only entitled to damages for the proven loss (£10), not to retain the entire rent. The balance of rent, after deduction of damages, was payable to the landlord.

Citation
[1915] ScotLR 509
Parties
Pursuer: Miss Christie of Cowden; Defenders: William Strathdee Wilson and his two sons
Jurisdiction
Scotland
Judgment Date
12 March 1915
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Court of Session
Outcome
Interlocutor of Lord Ordinary recalled; decree for pursuer for rent less £10 damages; damages of £10 awarded to defenders; consigned funds to be paid accordingly.
Legal Topics
Lease Obligations, Water Supply, Retention of Rent, Damages for Breach of Contract, Alternative Obligations
Landlord and Tenant Contract Lease Obligations Water Supply Retention of Rent Damages for Breach of Contract Alternative Obligations

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Parties

Miss Christie of Cowden

Pursuer

William Strathdee Wilson and his two sons

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Court of Session

Legal Issues

  1. 1 Who has the right to choose between alternative methods of fulfilling a lease obligation?
  2. 2 Is the tenant entitled to retain rent or only to claim damages when the landlord is in breach of a lease obligation?
  3. 3 What is the measure of damages for failure to provide an adequate water supply under a lease?

Ratio Decidendi

The landlord had the right to choose between the alternative methods of providing an adequate water supply under the lease. The landlord failed to fully implement her obligation, but the tenant was only entitled to damages for the proven loss (£10), not to retain the entire rent. The balance of rent, after deduction of damages, was payable to the landlord.

Court Disposition

Interlocutor of Lord Ordinary recalled; decree for pursuer for rent less £10 damages; damages of £10 awarded to defenders; consigned funds to be paid accordingly.

Orders

  • Recall of Lord Ordinary's interlocutor.
  • Decree for pursuer for £160, 1s. (rent less £10 damages).