ONE STOP ROOFING SUPPLIES LIMITED v. TIXWAY UK LIMITED [2012] ScotSC 17 (09 February 2012)

ONE STOP ROOFING SUPPLIES LIMITED v. TIXWAY UK LIMITED [2012] ScotSC 17 (09 February 2012)

The court found that a verbal agreement was reached on 29 April 2008 between the pursuer and defender, whereby the defender assumed liability for payment of all supplies of roofing and ancillary materials ordered by Snowcast UK Limited. The pursuer relied on this agreement to obtain credit insurance and supplied goods accordingly. The defender was invoiced and did not object to the invoices or deny liability until after payment ceased. The distinction between Snowcast Limited and Snowcast UK Limited was immaterial, as all parties treated the business as a single entity for the purposes of supply and payment. The defender is contractually liable for the outstanding sum.

Citation
[2012] ScotSC 17
Parties
Pursuer: One Stop Roofing Supplies Limited; Defender: Tixway UK Limited
Jurisdiction
Scotland
Judgment Date
09 February 2012
Procedural Posture
Civil Commercial Claim / Judgment After Proof Before Answer
Outcome
Decree granted for the pursuer.
Legal Topics
Contract Formation, Credit Arrangements, Liability for Payment of Goods, Corporate Structure and Liability
Contract Law Commercial Law Contract Formation Credit Arrangements Liability for Payment of Goods Corporate Structure and Liability

Case Brief

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Parties

One Stop Roofing Supplies Limited

Pursuer

Tixway UK Limited

Defender

Procedural Posture

Civil Commercial Claim / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the defender (Tixway UK Limited) agreed to assume liability for payment of roofing materials supplied by the pursuer to Snowcast UK Limited.
  2. 2 Whether a binding contract existed between the pursuer and defender for the supply and payment of goods.
  3. 3 Whether the distinction between Snowcast Limited and Snowcast UK Limited affects the defender's liability.

Ratio Decidendi

The court found that a verbal agreement was reached on 29 April 2008 between the pursuer and defender, whereby the defender assumed liability for payment of all supplies of roofing and ancillary materials ordered by Snowcast UK Limited. The pursuer relied on this agreement to obtain credit insurance and supplied goods accordingly. The defender was invoiced and did not object to the invoices or deny liability until after payment ceased. The distinction between Snowcast Limited and Snowcast UK Limited was immaterial, as all parties treated the business as a single entity for the purposes of supply and payment. The defender is contractually liable for the outstanding sum.

Court Disposition

Decree granted for the pursuer.

Orders

  • Decree for payment by the defender to the pursuer of £86,127.36 with interest at 8% per annum from the date of citation until payment.
  • Case management conference to be fixed for discussion of expenses, certification of counsel, and any other relevant issue.