Smith v Sim [1954] ScotCS CSOH_7 (25 May 1954)

Smith v Sim [1954] ScotCS CSOH_7 (25 May 1954)

It is settled law in Scotland that an action of damages for fraudulent misrepresentation is competent without rescission of the contract.

Citation
[1954] ScotCS CSOH_7
Parties
Pursuer: Smith; Defender: Sim
Jurisdiction
Scotland
Judgment Date
25 May 1954
Procedural Posture
Civil / Opinion on Preliminary Pleas (competency and Relevancy)
Outcome
Defender's argument on competency rejected; action held competent.
Legal Topics
Fraudulent Misrepresentation, Damages, Rescission, Competency of Action
Contract Law Delict (tort) Fraudulent Misrepresentation Damages Rescission Competency of Action

Case Brief

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Parties

Smith

Pursuer

Sim

Defender

Procedural Posture

Civil / Opinion on Preliminary Pleas (competency and Relevancy)

Legal Issues

  1. 1 Whether a pursuer can maintain a contract and simultaneously sue for damages for fraudulent misrepresentation without rescinding the contract under Scots law.

Ratio Decidendi

It is settled law in Scotland that an action of damages for fraudulent misrepresentation is competent without rescission of the contract.

Court Disposition

Defender's argument on competency rejected; action held competent.

Orders

  • Permission granted to add a plea to competency; plea on competency rejected; action to proceed.