SCOTIA HOMES (SOUTH) LIMITED v. MR JAMES MAURICE MCLEAN & MRS LINDA ISABELLA MCLEAN [2012] ScotSC 111 (30 November 2012)

SCOTIA HOMES (SOUTH) LIMITED v. MR JAMES MAURICE MCLEAN & MRS LINDA ISABELLA MCLEAN [2012] ScotSC 111 (30 November 2012)

The missives are not void from uncertainty; extrinsic evidence (the plan) is admissible to interpret the meaning of 'Plot 44' as used in the contract, and the entire agreement clause does not preclude such interpretation. The contract is sufficiently certain to be enforceable.

Citation
[2012] ScotSC 111
Parties
Pursuer/respondent: Scotia Homes (South) Limited; Defender/appellant: Mr James Maurice McLean; Defender/appellant: Mrs Linda Isabella McLean
Jurisdiction
Scotland
Judgment Date
30 November 2012
Procedural Posture
Civil Appeal / Appeal Against Interlocutor
Outcome
appeal refused
Legal Topics
Certainty of Contract, Interpretation of Missives, Extrinsic Evidence, Entire Agreement Clause
Contract Law Property Law Certainty of Contract Interpretation of Missives Extrinsic Evidence Entire Agreement Clause

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Parties

Scotia Homes (South) Limited

Pursuer/respondent

Mr James Maurice McLean

Defender/appellant

Mrs Linda Isabella McLean

Defender/appellant

Procedural Posture

Civil Appeal / Appeal Against Interlocutor

Legal Issues

  1. 1 Whether missives for sale of property are void from uncertainty due to insufficient description of subjects
  2. 2 Whether extrinsic evidence (plan) is admissible to interpret contractual terms despite entire agreement clause

Ratio Decidendi

The missives are not void from uncertainty; extrinsic evidence (the plan) is admissible to interpret the meaning of 'Plot 44' as used in the contract, and the entire agreement clause does not preclude such interpretation. The contract is sufficiently certain to be enforceable.

Court Disposition

appeal refused

Orders

  • appeal refused and sheriff's interlocutor of 11 January 2012 adhered to
  • appeal certified as suitable for employment of junior counsel