Boyd & Forrest v. The Glasgow and South-Western Railway Co. [1910] ScotLR 157 (10 November 1910)

Boyd & Forrest v. The Glasgow and South-Western Railway Co. [1910] ScotLR 157 (10 November 1910)

The misrepresentations by the company's engineer regarding the bores were made recklessly and without belief in their truth, amounting to fraud. Such fraud induced the contract, and the inaccuracies are not covered by the protective clauses. The pursuers are not bound by the contract as the basis of charge and are entitled to fair and reasonable remuneration for the work done, either on quantum meruit or as damages.

Citation
[1910] ScotLR 157
Parties
Pursuer: Boyd & Forrest; Defender: The Glasgow and South-Western Railway Company
Jurisdiction
Scotland
Judgment Date
10 November 1910
Procedural Posture
Contract and Damages / Final Judgment
Outcome
Pursuers entitled to fair and reasonable remuneration for work done, either on quantum meruit or damages; contract price discarded as basis of charge.
Legal Topics
Misrepresentation, Personal Bar, Quantum Meruit, Damages, Contract Induced by Fraud
Contract Fraud Recompense Misrepresentation Personal Bar Quantum Meruit Damages Contract Induced by Fraud

Case Brief

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Parties

Boyd & Forrest

Pursuer

The Glasgow and South-Western Railway Company

Defender

Procedural Posture

Contract and Damages / Final Judgment

Legal Issues

  1. 1 Whether misrepresentation by the company's engineer amounted to fraud inducing the contract
  2. 2 Whether protective clauses in the contract shielded the company from liability for inaccuracies
  3. 3 Whether the pursuers are entitled to payment on a quantum meruit basis or damages

Ratio Decidendi

The misrepresentations by the company's engineer regarding the bores were made recklessly and without belief in their truth, amounting to fraud. Such fraud induced the contract, and the inaccuracies are not covered by the protective clauses. The pursuers are not bound by the contract as the basis of charge and are entitled to fair and reasonable remuneration for the work done, either on quantum meruit or as damages.

Court Disposition

Pursuers entitled to fair and reasonable remuneration for work done, either on quantum meruit or damages; contract price discarded as basis of charge.

Orders

  • Sustains pursuers' pleas regarding fraud and misrepresentation
  • Finds contract not binding as basis of charge