AETC Ltd v Steel & Ors [2001] ScotCS 205 (10 August 2001)

AETC Ltd v Steel & Ors [2001] ScotCS 205 (10 August 2001)

The pursuers' averments regarding the defenders' actual knowledge of excess stock and defective products, as well as certain claims for loss, lack sufficient specification and fair notice. Unless amended or further specified, these averments will be excluded from probation. Losses arising from post-completion sales are not recoverable under the warranties in question.

Citation
[2001] ScotCS 205
Parties
Pursuer: A. E. T. C. LTD; Defender: Ian Steel and Others
Jurisdiction
Scotland
Judgment Date
10 August 2001
Procedural Posture
Commercial Action for Breach of Warranty (damages) / Debate on Relevancy and Specification of Pleadings; Interlocutory (not Final Judgment)
Outcome
Case put out By Order for further procedure; no final exclusion or dismissal at this stage.
Legal Topics
Share Sale Agreement, Warranties, Breach of Warranty, Specification of Pleadings, Damages
Contract Law Commercial Law Share Sale Agreement Warranties Breach of Warranty Specification of Pleadings Damages

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Parties

A. E. T. C. LTD

Pursuer

Ian Steel and Others

Defender

Procedural Posture

Commercial Action for Breach of Warranty (damages) / Debate on Relevancy and Specification of Pleadings; Interlocutory (not Final Judgment)

Legal Issues

  1. 1 Whether the pursuers' averments of breach of warranty are sufficiently specific to be admitted to probation
  2. 2 Whether losses claimed are recoverable under the warranties

Ratio Decidendi

The pursuers' averments regarding the defenders' actual knowledge of excess stock and defective products, as well as certain claims for loss, lack sufficient specification and fair notice. Unless amended or further specified, these averments will be excluded from probation. Losses arising from post-completion sales are not recoverable under the warranties in question.

Court Disposition

Case put out By Order for further procedure; no final exclusion or dismissal at this stage.

Orders

  • Pursuers given opportunity to amend pleadings and renew motion for commission and diligence with a more precise specification of documents.
  • Question of expenses of the debate reserved.