Magnet Ltd v. Cape (t/a Briggate Investments) [2007] ScotSC 38 (19 July 2007)

Magnet Ltd v. Cape (t/a Briggate Investments) [2007] ScotSC 38 (19 July 2007)

Although the pursuers were in material breach of contract due to defective installation, all defects were remediable and the defender failed to allow the pursuers the opportunity to cure. Therefore, the defender was not entitled to treat the contract as rescinded and remains liable for the contract price less the cost of remedial works.

Citation
[2007] ScotSC 38
Parties
Pursuer: Magnet Limited; Defender: John B Cape t/a Briggate Investments
Jurisdiction
Scotland
Judgment Date
19 July 2007
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
Decree granted for payment by the defender to the pursuers of £13,107.33 with interest at 8% per annum from the date of citation until payment; defender found liable in expenses.
Legal Topics
Breach of Contract, Right to Cure, Remedies for Defective Performance, Deduction for Cost of Remedial Works
Contract Law Breach of Contract Right to Cure Remedies for Defective Performance Deduction for Cost of Remedial Works

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Magnet Limited

Pursuer

John B Cape t/a Briggate Investments

Defender

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the pursuers were in material breach of contract by defective installation of a kitchen
  2. 2 Whether the defender was entitled to treat the contract as rescinded and refuse payment
  3. 3 Whether the pursuers had a right to cure the defects and whether the defender was obliged to allow remedial works

Ratio Decidendi

Although the pursuers were in material breach of contract due to defective installation, all defects were remediable and the defender failed to allow the pursuers the opportunity to cure. Therefore, the defender was not entitled to treat the contract as rescinded and remains liable for the contract price less the cost of remedial works.

Court Disposition

Decree granted for payment by the defender to the pursuers of £13,107.33 with interest at 8% per annum from the date of citation until payment; defender found liable in expenses.

Orders

  • Defender to pay pursuers £13,107.33 with interest at 8% per annum from date of citation until payment
  • Defender found liable in expenses of the action