Steels Tr v Bradley Homes [1971] ScotCS CSOH_2 (17 December 1971)

Steels Tr v Bradley Homes [1971] ScotCS CSOH_2 (17 December 1971)

Uninduced unilateral error by one party as to a material term, not induced or known by the other party, does not entitle the party in error to reduction of an onerous contract reduced to writing in clear terms. The settlement agreement is valid and irreducible.

Citation
[1971] ScotCS CSOH_2
Parties
Pursuer: Steel's Trustee; Defender: Bradley Homes (Scotland) Ltd
Jurisdiction
Scotland
Judgment Date
17 December 1971
Procedural Posture
Contract Reduction Action / Judgment After Proof
Outcome
Pursuer not entitled to reduction; contract upheld
Legal Topics
Unilateral Error, Reduction of Contract, Interest Calculation, Settlement Agreements
Contract Law Unilateral Error Reduction of Contract Interest Calculation Settlement Agreements

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Parties

Steel's Trustee

Pursuer

Bradley Homes (Scotland) Ltd

Defender

Procedural Posture

Contract Reduction Action / Judgment After Proof

Legal Issues

  1. 1 Whether a written contract can be reduced on the ground of uninduced unilateral error as to a material term
  2. 2 Whether the pursuer is entitled to reduction of the settlement agreement due to mistake regarding the date from which interest runs

Ratio Decidendi

Uninduced unilateral error by one party as to a material term, not induced or known by the other party, does not entitle the party in error to reduction of an onerous contract reduced to writing in clear terms. The settlement agreement is valid and irreducible.

Court Disposition

Pursuer not entitled to reduction; contract upheld

Orders

  • Repel pursuer's third to ninth pleas in law
  • Continue cause to enable settlement as agreed