Persimmon Homes Ltd v Bellway Homes Ltd [2011] ScotCS CSOH_149 (09 September 2011)

Persimmon Homes Ltd v Bellway Homes Ltd [2011] ScotCS CSOH_149 (09 September 2011)

Condition 12 of the missives provides the exclusive remedy for failure to complete Seller's Works by the Long Stop Date. The defenders fulfilled their obligation by offering the Airdrie site, which was of comparable size and value to Broomhouse, assessed by commercial valuation. The absence of a specified price does not invalidate the offer. No actionable breach of contract occurred, and the pursuers are not entitled to damages.

Citation
[2011] ScotCS CSOH_149
Parties
Pursuer: Persimmon Homes Limited; Defender: Bellway Homes Limited
Jurisdiction
Scotland
Judgment Date
09 September 2011
Procedural Posture
Commercial Contract Dispute / Proof Before Answer on Liability
Outcome
Action dismissed
Legal Topics
Remedies for Breach of Contract, Construction of Contractual Terms, Land Sale Agreements, Valuation Methods in Property Transactions
Contract Law Commercial Law Remedies for Breach of Contract Construction of Contractual Terms Land Sale Agreements Valuation Methods in Property Transactions

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Parties

Persimmon Homes Limited

Pursuer

Bellway Homes Limited

Defender

Procedural Posture

Commercial Contract Dispute / Proof Before Answer on Liability

Legal Issues

  1. 1 Whether condition 12 of the missives provides the sole remedy for breach of condition 10
  2. 2 Whether the defenders implemented condition 12 by offering an alternative site of comparable size and value
  3. 3 Appropriate method for valuation of alternative site

Ratio Decidendi

Condition 12 of the missives provides the exclusive remedy for failure to complete Seller's Works by the Long Stop Date. The defenders fulfilled their obligation by offering the Airdrie site, which was of comparable size and value to Broomhouse, assessed by commercial valuation. The absence of a specified price does not invalidate the offer. No actionable breach of contract occurred, and the pursuers are not entitled to damages.

Court Disposition

Action dismissed

Orders

  • No damages awarded
  • Defenders not in breach of contract