Millar v. Maguire & Anor [2005] ScotSC 73 (10 August 2005)

Millar v. Maguire & Anor [2005] ScotSC 73 (10 August 2005)

The pursuer was in breach of contract by failing to pay the purchase price on the date of entry. The defenders were entitled to rescind the contract after giving prior written notice, which they did. The defenders were not in breach regarding the plan, and the pursuer cannot seek specific implement while in breach.

Citation
[2005] ScotSC 73
Parties
Pursuer: Joseph Millar; Defenders: David Maguire and Another
Jurisdiction
Scotland
Judgment Date
10 August 2005
Procedural Posture
Commercial Action / Judgment After Proof
Outcome
Action dismissed; defenders assoilzied from the first crave of the Initial Writ.
Legal Topics
Breach of Contract, Rescission of Contract, Conveyancing, Mutuality of Contract, Specific Implement
Contract Law Property Law Breach of Contract Rescission of Contract Conveyancing Mutuality of Contract Specific Implement

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Parties

Joseph Millar

Pursuer

David Maguire and Another

Defenders

Procedural Posture

Commercial Action / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer was in breach of contract for failing to pay the purchase price on the date of entry
  2. 2 Whether the defenders were in breach for failing to deliver an acceptable plan
  3. 3 Whether the defenders validly rescinded the contract under the missives

Ratio Decidendi

The pursuer was in breach of contract by failing to pay the purchase price on the date of entry. The defenders were entitled to rescind the contract after giving prior written notice, which they did. The defenders were not in breach regarding the plan, and the pursuer cannot seek specific implement while in breach.

Court Disposition

Action dismissed; defenders assoilzied from the first crave of the Initial Writ.

Orders

  • Hearing on expenses to be assigned; further orders reserved.