Black v. McGregor [2006] ScotCS CSIH_45 (06 October 2006)

Black v. McGregor [2006] ScotCS CSIH_45 (06 October 2006)

The contractual clause entitles the seller to claim interest on the unpaid purchase price only after rescission and completion of a re-sale; since no re-sale occurred, the seller has no enforceable claim to interest.

Citation
[2006] ScotCS CSIH_45
Parties
Pursuer and Appellant: Mrs Catherine Black; Defender and Respondent: Fraser McGregor
Jurisdiction
Scotland
Judgment Date
06 October 2006
Procedural Posture
Appeal / Appeal From Sheriff Principal's Interlocutor
Outcome
appeal refused
Legal Topics
Breach of Contract, Rescission, Liquidated Damages, Interest on Unpaid Purchase Price
Contract Law Breach of Contract Rescission Liquidated Damages Interest on Unpaid Purchase Price

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Parties

Mrs Catherine Black

Pursuer and Appellant

Fraser McGregor

Defender and Respondent

Procedural Posture

Appeal / Appeal From Sheriff Principal's Interlocutor

Legal Issues

  1. 1 Whether the seller is entitled to claim interest on the unpaid purchase price after rescission when no re-sale has occurred
  2. 2 Interpretation of contractual clause regarding interest and liquidated penalty

Ratio Decidendi

The contractual clause entitles the seller to claim interest on the unpaid purchase price only after rescission and completion of a re-sale; since no re-sale occurred, the seller has no enforceable claim to interest.

Court Disposition

appeal refused

Orders

  • interlocutor of the sheriff principal affirmed