Seaton Brick and Tile Co., Ltd v. Mitchell [1900] ScotLR 37_400 (31 January 1900)

Seaton Brick and Tile Co., Ltd v. Mitchell [1900] ScotLR 37_400 (31 January 1900)

A binding contract was formed by offer and acceptance for a lump sum. Mistakes in the contractor's private calculations, not induced or known by the other party, do not entitle the contractor to resile. The pursuers are entitled to damages for breach of contract.

Citation
[1900] ScotLR 37_400
Parties
Pursuer: Seaton Brick and Tile Company, Limited; Defender: Robert Mitchell
Jurisdiction
Scotland
Judgment Date
31 January 1900
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; judgment for pursuers
Legal Topics
Building Contracts, Offer and Acceptance, Mistake in Contract, Damages for Breach of Contract, Error Calculi
Contract Law Building Contracts Offer and Acceptance Mistake in Contract Damages for Breach of Contract Error Calculi

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Parties

Seaton Brick and Tile Company, Limited

Pursuer

Robert Mitchell

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether a binding contract existed upon offer and acceptance for a lump sum despite omission in private calculations.
  2. 2 Whether a contractor can resile from a contract due to a mistake in his own calculations not induced or known by the other party.
  3. 3 Whether damages are due for breach of contract in these circumstances.

Ratio Decidendi

A binding contract was formed by offer and acceptance for a lump sum. Mistakes in the contractor's private calculations, not induced or known by the other party, do not entitle the contractor to resile. The pursuers are entitled to damages for breach of contract.

Court Disposition

appeal dismissed; judgment for pursuers

Orders

  • Interlocutors of Sheriff-Substitute and Sheriff recalled.
  • Find contract concluded and breached by defender.