Martin v. Scottish Equitable Plc & Anor [A2406_99.html] ScotCS 9 [2002] ScotCS 154 (30th May, 2002)

Martin v. Scottish Equitable Plc & Anor [A2406_99.html] ScotCS 9 [2002] ScotCS 154 (30th May, 2002)

The doctrine of potestative conditions does not apply because the pursuer's resignation was her own act, not caused by obstruction or prevention by the defenders. The first defenders merely communicated the second defenders' decision and did not induce or prevent the pursuer from remaining in employment. The pleadings did not support a bar to reliance on the resignation letter.

Citation
[2002] ScotCS 154
Parties
Pursuer: Marjorie Martin; First Defender: Scottish Equitable Plc; Second Defender: Friends Provident Life Office
Jurisdiction
Scotland
Procedural Posture
Civil Damages/insurance / Procedure Roll (preliminary Pleas and Exclusion From Probation)
Outcome
Passage in Article 3 of Condescendence excluded from probation; second plea-in-law for first defenders sustained; fourth plea-in-law for pursuer repelled; first plea-in-law for second defenders repelled by consent; proof before answer allowed restricted to construction of the resignation letter and actions taken by...
Legal Topics
Permanent Health Insurance, Disability Benefit, Resignation and Termination, Misrepresentation, Personal Bar, Potestative Conditions
Employment Law Insurance Law Contract Law Permanent Health Insurance Disability Benefit Resignation and Termination Misrepresentation Personal Bar +1 more

Case Brief

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Parties

Marjorie Martin

Pursuer

Scottish Equitable Plc

First Defender

Friends Provident Life Office

Second Defender

Procedural Posture

Civil Damages/insurance / Procedure Roll (preliminary Pleas and Exclusion From Probation)

Legal Issues

  1. 1 Whether the pursuer's letter of 28 August 1996 constituted a resignation terminating her employment and entitlement to disability benefit
  2. 2 Whether the defenders are barred from relying on the resignation due to alleged misrepresentation
  3. 3 Whether the doctrine of potestative conditions applies

Ratio Decidendi

The doctrine of potestative conditions does not apply because the pursuer's resignation was her own act, not caused by obstruction or prevention by the defenders. The first defenders merely communicated the second defenders' decision and did not induce or prevent the pursuer from remaining in employment. The pleadings did not support a bar to reliance on the resignation letter.

Court Disposition

Passage in Article 3 of Condescendence excluded from probation; second plea-in-law for first defenders sustained; fourth plea-in-law for pursuer repelled; first plea-in-law for second defenders repelled by consent; proof before answer allowed restricted to construction of the resignation letter and actions taken by...

Orders

  • Exclude passage in Article 3 of Condescendence at page 9A-C from probation.
  • Sustain second plea-in-law for first defenders.