Irving and Another v. International Correspondence Schools, Ltd [1914] ScotLR 46 (29 October 1914)

Irving and Another v. International Correspondence Schools, Ltd [1914] ScotLR 46 (29 October 1914)

The contract required the pupil to pay the full fee for the course of instruction, regardless of whether he chose to discontinue, provided the company was willing to perform; the appropriate remedy for breach was payment of the balance, not damages.

Citation
[1914] ScotLR 46
Parties
Pursuer/respondent: International Correspondence Schools, Limited; Defender/appellant: Samuel Roxburgh Irving; Defender/appellant: John Irving
Jurisdiction
Scotland
Judgment Date
29 October 1914
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal refused; interlocutor of Sheriff-Substitute affirmed
Legal Topics
Breach of Contract, Remedies for Breach, Specific Implement, Damages, Tuition by Correspondence, Construction of Contract, Termination
Contract Law Breach of Contract Remedies for Breach Specific Implement Damages Tuition by Correspondence Construction of Contract Termination

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Parties

International Correspondence Schools, Limited

Pursuer/respondent

Samuel Roxburgh Irving

Defender/appellant

John Irving

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the contract was terminable at will by the pupil
  2. 2 Whether the pupil was obliged to pay the full fee despite discontinuing the course
  3. 3 Whether the appropriate remedy was payment of the balance or damages

Ratio Decidendi

The contract required the pupil to pay the full fee for the course of instruction, regardless of whether he chose to discontinue, provided the company was willing to perform; the appropriate remedy for breach was payment of the balance, not damages.

Court Disposition

appeal refused; interlocutor of Sheriff-Substitute affirmed

Orders

  • Defenders to pay the sum of £5, 7s. jointly and severally to the pursuers