A.E.T.C. LTD v. IAN STEEL AND OTHERS [2001] ScotHC 85 (10th August, 2001)

A.E.T.C. LTD v. IAN STEEL AND OTHERS [2001] ScotHC 85 (10th August, 2001)

The court held that the pursuers' averments regarding the defenders' knowledge of excess stock and defective valves lacked sufficient specification and fair notice, and that losses arising from post-completion sales are not recoverable under the warranties. The court was minded to exclude these averments from probation unless amended or further specified.

Citation
[2001] ScotHC 85
Parties
Pursuer: A. E. T. C. LTD; Defender: IAN STEEL and OTHERS
Jurisdiction
Scotland
Procedural Posture
Commercial Breach of Warranty Action / Debate on Relevancy and Specification of Pleadings
Outcome
Case put out By Order for pursuers to consider amendment and motions for commission and diligence; exclusion from probation of certain averments indicated unless amended.
Legal Topics
Share Sale Agreement, Breach of Warranty, Specification of Pleadings, Damages
Commercial Law Contract Law Share Sale Agreement Breach of Warranty Specification of Pleadings Damages

Case Brief

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Parties

A. E. T. C. LTD

Pursuer

IAN STEEL and OTHERS

Defender

Procedural Posture

Commercial Breach of Warranty Action / Debate on Relevancy and Specification of Pleadings

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 court held that the pursuers' averments regarding the defenders' knowledge of excess stock and defective valves lacked sufficient specification and fair notice, and that losses arising from post-completion sales are not recoverable under the warranties. The court was minded to exclude these averments from probation unless amended or further specified.

Court Disposition

Case put out By Order for pursuers to consider amendment and motions for commission and diligence; exclusion from probation of certain averments indicated unless amended.

Orders

  • Case put out By Order to allow pursuers to amend pleadings and seek commission and diligence.
  • Exclusion from probation of specified averments unless improved.