AMA (NEW TOWN) LIMITED v. ANTHONY FINLAY [2010] ScotSC 142 (19 August 2010)

AMA (NEW TOWN) LIMITED v. ANTHONY FINLAY [2010] ScotSC 142 (19 August 2010)

The pursuers, faced with an admitted breach of contract by the defender, are entitled to seek implement of the contract by way of payment of the price. The crave for payment is competent even though the pursuers have not yet delivered disposition or given entry, as there is no suggestion they are not ready and willing to perform. The authorities support the pursuers' right to proceed in this manner.

Citation
[2010] ScotSC 142
Parties
Pursuer: AMA (NEW TOWN) LIMITED; Defender: Anthony Finlay
Jurisdiction
Scotland
Judgment Date
19 August 2010
Procedural Posture
Civil / Judgment After Debate on Preliminary Pleas
Outcome
Decree granted in terms of the pursuers' first and second craves; defender's pleas repelled; all questions of expenses reserved.
Legal Topics
Breach of Contract, Implement of Contract, Remedies for Breach of Missives, Payment of Purchase Price
Contract Law Property Law Breach of Contract Implement of Contract Remedies for Breach of Missives Payment of Purchase Price

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

AMA (NEW TOWN) LIMITED

Pursuer

Anthony Finlay

Defender

Procedural Posture

Civil / Judgment After Debate on Preliminary Pleas

Legal Issues

  1. 1 Whether the pursuers are entitled to decree for payment of the balance of the purchase price following the defender's breach of contract under missives for sale of heritable property
  2. 2 Whether the crave for payment is competent where the pursuers have not delivered disposition or given entry

Ratio Decidendi

The pursuers, faced with an admitted breach of contract by the defender, are entitled to seek implement of the contract by way of payment of the price. The crave for payment is competent even though the pursuers have not yet delivered disposition or given entry, as there is no suggestion they are not ready and willing to perform. The authorities support the pursuers' right to proceed in this manner.

Court Disposition

Decree granted in terms of the pursuers' first and second craves; defender's pleas repelled; all questions of expenses reserved.

Orders

  • Pursuers' third plea in law sustained
  • Defender's pleas in law repelled