Selkirk v. Ferguson [1907] ScotLR 19_1 (24 October 1907)

Selkirk v. Ferguson [1907] ScotLR 19_1 (24 October 1907)

The defender knew he was signing the altered contract and relied on the opinion of a third party; no misrepresentation or inducing by the pursuer was proved; error was not induced by the other party, thus no grounds for reduction.

Citation
[1907] ScotLR 19_1
Parties
Pursuer: J. H. Selkirk; Defender: Alexander Ferguson
Jurisdiction
Scotland
Judgment Date
24 October 1907
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
appeal allowed; interlocutor recalled; judgment for pursuer
Legal Topics
Essential Error, Difference Between Draft and Signed Agreement, Error Induced by Other Party, Rescission of Contract
Contract Law Essential Error Difference Between Draft and Signed Agreement Error Induced by Other Party Rescission of Contract

Case Brief

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Parties

J. H. Selkirk

Pursuer

Alexander Ferguson

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether essential error alone entitles a party to resile from a contract
  2. 2 Whether essential error induced by the other party entitles rescission
  3. 3 Whether failure to read the deed before signing affects entitlement to reduction

Ratio Decidendi

The defender knew he was signing the altered contract and relied on the opinion of a third party; no misrepresentation or inducing by the pursuer was proved; error was not induced by the other party, thus no grounds for reduction.

Court Disposition

appeal allowed; interlocutor recalled; judgment for pursuer

Orders

  • Decern against defender for payment to pursuer of £250
  • Find pursuer entitled to expenses