IAN JACK & AUDREY JACK AGAINST CROWN PARKS (SEATON) LTD [2016] ScotSC 73 (02 November 2016)

IAN JACK & AUDREY JACK AGAINST CROWN PARKS (SEATON) LTD [2016] ScotSC 73 (02 November 2016)

The court held that the parties entered into two separate contracts of sale, one for the Chatsworth Unit and one for the Fiat motorhome, with the price for the motorhome fixed at £45,000 in the written agreement. The defenders, having accepted and sold the motorhome, are liable for the agreed price. The defenders' pleadings did not disclose a relevant defence or basis for retention or set-off, and no factual dispute required proof on this issue. Decree was granted for £45,000 in favour of the pursuers.

Citation
[2016] ScotSC 73
Parties
Pursuers: Ian Jack & Audrey Jack; Defenders: Crown Parks (Seaton) Ltd
Jurisdiction
Scotland
Judgment Date
02 November 2016
Procedural Posture
Civil / Judgment After Debate on Legal Issues and Amendment Motions
Outcome
Decree granted for the pursuers for £45,000 with interest; certain averments excluded from probation; minute of amendment partially allowed; cause continued for further procedure on remaining issues.
Legal Topics
Part Exchange Contracts, Contract Formation, Breach of Contract, Retention and Set Off, Damages, Interpretation of Written Agreements
Contract Law Sale of Goods Part Exchange Contracts Contract Formation Breach of Contract Retention and Set Off Damages Interpretation of Written Agreements

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Parties

Ian Jack & Audrey Jack

Pursuers

Crown Parks (Seaton) Ltd

Defenders

Procedural Posture

Civil / Judgment After Debate on Legal Issues and Amendment Motions

Legal Issues

  1. 1 Whether the part exchange of a motorhome constituted a separate contract of sale with an agreed price
  2. 2 Whether the defenders are liable to pay £45,000 for the Fiat motorhome
  3. 3 Whether the pursuers were entitled to cancel the contract for the Chatsworth Unit and reclaim their deposit

Ratio Decidendi

The court held that the parties entered into two separate contracts of sale, one for the Chatsworth Unit and one for the Fiat motorhome, with the price for the motorhome fixed at £45,000 in the written agreement. The defenders, having accepted and sold the motorhome, are liable for the agreed price. The defenders' pleadings did not disclose a relevant defence or basis for retention or set-off, and no factual dispute required proof on this issue. Decree was granted for £45,000 in favour of the pursuers.

Court Disposition

Decree granted for the pursuers for £45,000 with interest; certain averments excluded from probation; minute of amendment partially allowed; cause continued for further procedure on remaining issues.

Orders

  • Decree for payment of £45,000 with interest at 8% per annum from 22 July 2011 until payment
  • Defenders' minute of amendment received except for paragraphs 1, 4, 8, and 10