MacKays Stores Ltd v Toward Ltd [2008] ScotCS CSOH_51 (28 March 2008)

MacKays Stores Ltd v Toward Ltd [2008] ScotCS CSOH_51 (28 March 2008)

There was no express agreement to revert to the discount arrangement after the Turkish system ended. The sums paid were due as per the prices quoted in the purchase orders, which governed the contract. Therefore, the essential requirement of condictio indebiti—that the sum was not due—was not satisfied. Even if it were, equity would preclude repetition as the defenders would have adjusted their prices had discount been claimed.

Citation
[2008] ScotCS CSOH_51
Parties
Pursuer: MacKays Stores Ltd; Defender: Topward Ltd
Jurisdiction
Scotland
Judgment Date
28 March 2008
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
Defenders assoilzied (absolvitor granted)
Legal Topics
Condictio Indebiti, Repetition of Payment, Contractual Terms, Equitable Remedies
Contract Law Unjust Enrichment Condictio Indebiti Repetition of Payment Contractual Terms Equitable Remedies

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Parties

MacKays Stores Ltd

Pursuer

Topward Ltd

Defender

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether there was an express agreement to revert to 10% discount after Turkish arrangements ended
  2. 2 Whether the requirements of condictio indebiti are satisfied, specifically that the sum was not due
  3. 3 Whether equitable considerations preclude repetition

Ratio Decidendi

There was no express agreement to revert to the discount arrangement after the Turkish system ended. The sums paid were due as per the prices quoted in the purchase orders, which governed the contract. Therefore, the essential requirement of condictio indebiti—that the sum was not due—was not satisfied. Even if it were, equity would preclude repetition as the defenders would have adjusted their prices had discount been claimed.

Court Disposition

Defenders assoilzied (absolvitor granted)

Orders

  • Pursuers' claim dismissed
  • Defenders assoilzied from the conclusions of the summons