JOHN PEEBLES AND CATHERINE PEEBLES AGAINST REMBRAND BUILDERS MERCHANTS Ltd [2016] ScotSC 31 (14 April 2016)

JOHN PEEBLES AND CATHERINE PEEBLES AGAINST REMBRAND BUILDERS MERCHANTS Ltd [2016] ScotSC 31 (14 April 2016)

Averments regarding the cost of replacement may be relevant to the assessment of damages and should be allowed to proof, as the appropriate measure is a question of fact and degree. However, averments regarding the manufacturer's guarantee, British Standards (due to lack of specification), and rejection of goods (due to lapse of time and retention) are irrelevant or insufficiently specified and should be excluded from proof.

Citation
[2016] ScotSC 31
Parties
Pursuers: John Peebles and Catherine Peebles; Defenders: Rembrand Builders Merchants Limited
Jurisdiction
Scotland
Judgment Date
14 April 2016
Procedural Posture
Civil Contract (sale of Goods) / Interlocutory Judgment on Relevancy and Specification; Ruling on Exclusion of Averments and Allowance of Proof Before Answer
Outcome
Defenders' first plea in law sustained in part; specified averments excluded from probation; proof before answer allowed on remaining averments; expenses reserved.
Legal Topics
Sale of Goods, Implied Terms, Damages, Measure of Damages, Rejection of Goods, Specification of Pleadings
Contract Law Consumer Law Sale of Goods Implied Terms Damages Measure of Damages Rejection of Goods Specification of Pleadings

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Parties

John Peebles and Catherine Peebles

Pursuers

Rembrand Builders Merchants Limited

Defenders

Procedural Posture

Civil Contract (sale of Goods) / Interlocutory Judgment on Relevancy and Specification; Ruling on Exclusion of Averments and Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether averments regarding pecuniary loss, manufacturers’ guarantee, British Standards, and rejection of goods should be admitted to proof in a claim for breach of contract under the Sale of Goods Act 1979.

Ratio Decidendi

Averments regarding the cost of replacement may be relevant to the assessment of damages and should be allowed to proof, as the appropriate measure is a question of fact and degree. However, averments regarding the manufacturer's guarantee, British Standards (due to lack of specification), and rejection of goods (due to lapse of time and retention) are irrelevant or insufficiently specified and should be excluded from proof.

Court Disposition

Defenders' first plea in law sustained in part; specified averments excluded from probation; proof before answer allowed on remaining averments; expenses reserved.

Orders

  • Exclusion from probation of specified averments regarding guarantee, British Standards, and rejection of goods.
  • Allowance of proof before answer on remaining averments.