Baird v Drumpelier & Mount Vernon Estates Ltd [1999] ScotCS 274 (19 November 1999)

Baird v Drumpelier & Mount Vernon Estates Ltd [1999] ScotCS 274 (19 November 1999)

The defenders failed to aver a relevant case for rectification or exclusion of warrandice, as neither the correspondence nor the missives established a common intention to exclude warranty of title, and there was no relevant averment to support personal bar. The counterclaim is dismissed and the defences on these grounds are repelled.

Citation
[1999] ScotCS 274
Parties
Pursuer: John Ian Baird; Defender: Drumpellier & Mount Vernon Estates Limited
Jurisdiction
Scotland
Judgment Date
19 November 1999
Procedural Posture
Civil / Debate on Relevancy; Interlocutory Judgment
Outcome
Counterclaim dismissed; defences on rectification and personal bar repelled; proof before answer restricted to quantum of damages allowed.
Legal Topics
Warrandice, Rectification of Deeds, Personal Bar, Implied Terms in Missives, Breach of Contract
Property Law Contract Law Warrandice Rectification of Deeds Personal Bar Implied Terms in Missives Breach of Contract

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Parties

John Ian Baird

Pursuer

Drumpellier & Mount Vernon Estates Limited

Defender

Procedural Posture

Civil / Debate on Relevancy; Interlocutory Judgment

Legal Issues

  1. 1 Whether the defenders are liable for breach of warrandice in disposition of land they did not own
  2. 2 Whether the disposition should be rectified to limit warrandice
  3. 3 Whether the pursuer is personally barred from claiming damages

Ratio Decidendi

The defenders failed to aver a relevant case for rectification or exclusion of warrandice, as neither the correspondence nor the missives established a common intention to exclude warranty of title, and there was no relevant averment to support personal bar. The counterclaim is dismissed and the defences on these grounds are repelled.

Court Disposition

Counterclaim dismissed; defences on rectification and personal bar repelled; proof before answer restricted to quantum of damages allowed.

Orders

  • Dismissal of defender's counterclaim for rectification
  • Repelling of defender's fourth and fifth pleas-in-law