Cramaso LLP v Viscount Reidhaven's Trustees [2010] ScotCS CSOH_62 (11 May 2010)

Cramaso LLP v Viscount Reidhaven's Trustees [2010] ScotCS CSOH_62 (11 May 2010)

The court found that the defenders, through their employee Mr Lewis, made material misrepresentations regarding the grouse population by extrapolating from unrepresentative summer counts, which materially overstated the true position. These misrepresentations were at least negligent, and the pursuer was induced by them to enter into the lease. The pursuer was entitled to reduction of the lease and, subject to further proof, damages for losses caused by the misrepresentation.

Citation
[2010] ScotCS CSOH_62
Parties
Pursuer: Cramaso LLP; Defender: Viscount Reidhaven's Trustees
Jurisdiction
Scotland
Judgment Date
11 May 2010
Procedural Posture
Civil / First Instance Judgment After Proof (trial) on Liability, Remedy and Quantum Reserved
Outcome
For the pursuer; lease reduced; damages to be assessed at a later hearing.
Legal Topics
Misrepresentation, Fraudulent Misrepresentation, Negligent Misrepresentation, Leasehold, Remedies for Misrepresentation, Reduction of Contract, Damages
Contract Law Delict (tort) Property Law Misrepresentation Fraudulent Misrepresentation Negligent Misrepresentation Leasehold Remedies for Misrepresentation +2 more

Case Brief

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Parties

Cramaso LLP

Pursuer

Viscount Reidhaven's Trustees

Defender

Procedural Posture

Civil / First Instance Judgment After Proof (trial) on Liability, Remedy and Quantum Reserved

Legal Issues

  1. 1 Whether there was a fraudulent or negligent misrepresentation by the defenders or their employee regarding the grouse population and productivity of the moor.
  2. 2 Whether such misrepresentation induced the pursuer to enter into the lease.
  3. 3 Whether the pursuer is entitled to reduction of the lease and/or damages.

Ratio Decidendi

The court found that the defenders, through their employee Mr Lewis, made material misrepresentations regarding the grouse population by extrapolating from unrepresentative summer counts, which materially overstated the true position. These misrepresentations were at least negligent, and the pursuer was induced by them to enter into the lease. The pursuer was entitled to reduction of the lease and, subject to further proof, damages for losses caused by the misrepresentation.

Court Disposition

For the pursuer; lease reduced; damages to be assessed at a later hearing.

Orders

  • The lease between Cramaso LLP and Viscount Reidhaven's Trustees is reduced.
  • Questions of remedy and quantum of damages are reserved for further hearing.