McCrone v Boots Farm Sales [1980] ScotCS CSOH_6 (17 October 1980)

McCrone v Boots Farm Sales [1980] ScotCS CSOH_6 (17 October 1980)

The defenders' pleadings regarding the implied incorporation of their General Conditions of Sale were irrelevant due to lack of specification as to the number, dates, and nature of prior transactions. If the General Conditions were incorporated, the contract would be a standard form contract under section 17 of the Unfair Contract Terms Act 1977.

Citation
[1980] ScotCS CSOH_6
Parties
Pursuer: M'Crone; Defender: Boots Farm Sales Ltd
Jurisdiction
Scotland
Judgment Date
17 October 1980
Procedural Posture
Civil / Interlocutory (pleadings Relevancy and Specification)
Outcome
Defenders granted leave to amend pleadings to provide necessary specification; otherwise, pursuer's motion to exclude averments upheld.
Legal Topics
Implied Terms, Exclusion Clauses, Standard Form Contracts, Reasonableness Test, Incorporation of Terms
Contract Law Sale of Goods Implied Terms Exclusion Clauses Standard Form Contracts Reasonableness Test Incorporation of Terms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

M'Crone

Pursuer

Boots Farm Sales Ltd

Defender

Procedural Posture

Civil / Interlocutory (pleadings Relevancy and Specification)

Legal Issues

  1. 1 Whether the defenders' General Conditions of Sale, including an exclusion clause, were impliedly incorporated into the contract with the pursuer
  2. 2 Whether the contract was a standard form contract under section 17 of the Unfair Contract Terms Act 1977
  3. 3 Whether the defenders' pleadings provided sufficient specification for the implication of their General Conditions of Sale

Ratio Decidendi

The defenders' pleadings regarding the implied incorporation of their General Conditions of Sale were irrelevant due to lack of specification as to the number, dates, and nature of prior transactions. If the General Conditions were incorporated, the contract would be a standard form contract under section 17 of the Unfair Contract Terms Act 1977.

Court Disposition

Defenders granted leave to amend pleadings to provide necessary specification; otherwise, pursuer's motion to exclude averments upheld.

Orders

  • Defenders may amend pleadings to specify number, dates, and nature of prior transactions relied upon for implied incorporation of General Conditions.