Morris v. Rae [2011] ScotCS CSIH_30 (05 April 2011)

Morris v. Rae [2011] ScotCS CSIH_30 (05 April 2011)

No breach of warrandice arises unless the threat of eviction is made by a party with an unquestionable title at the time of the threat; since James Craig Limited did not have such title when threatening eviction, the pursuer's claim fails.

Citation
[2011] ScotCS CSIH_30
Parties
Pursuer and Respondent: Robert Morris; Defender and Reclaimer: Anna Maria Rae
Jurisdiction
Scotland
Judgment Date
05 April 2011
Procedural Posture
Reclaiming Motion (appeal) / Opinion on Procedure Roll, Appeal Against Allowance of Proof Before Answer
Outcome
action dismissed
Legal Topics
Breach of Warrandice, Eviction, Title Defects, Indemnity for Loss
Property Law Contract Law Breach of Warrandice Eviction Title Defects Indemnity for Loss

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Parties

Robert Morris

Pursuer and Respondent

Anna Maria Rae

Defender and Reclaimer

Procedural Posture

Reclaiming Motion (appeal) / Opinion on Procedure Roll, Appeal Against Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether a threat of eviction by a party without unquestionable title constitutes breach of warrandice
  2. 2 Whether the pursuer is entitled to indemnity for loss incurred in curing a title defect

Ratio Decidendi

No breach of warrandice arises unless the threat of eviction is made by a party with an unquestionable title at the time of the threat; since James Craig Limited did not have such title when threatening eviction, the pursuer's claim fails.

Court Disposition

action dismissed

Orders

  • defender's first plea in law sustained
  • action dismissed