TRIGON TOOLS LIMITED v. ANDREW WRIGHT (PVC) LIMITED [2010] ScotSC 121 (20 July 2010)

TRIGON TOOLS LIMITED v. ANDREW WRIGHT (PVC) LIMITED [2010] ScotSC 121 (20 July 2010)

The pleadings disclose sufficient averments regarding incorporation of terms by course of dealing and ostensible authority to warrant inquiry into the facts. The common law obligation to restore hired property places the burden on the hirer to explain loss and show absence of fault. Final determination of the legal...

Source-derived case information.

Citation
[2010] ScotSC 121
Parties
Pursuer: Trigon Tools Limited; Defender: Andrew Wright (PVC) Limited
Jurisdiction
Scotland
Judgment Date
20 July 2010
Procedural Posture
Civil / Interlocutory (debate on Preliminary Plea)
Outcome
Proof before answer allowed; defenders' first plea-in-law reserved.
Legal Topics
Incorporation of Standard Terms, Course of Dealing, Authority of Agents, Obligations of Hirer, Burden of Proof in Hire Contracts
Contract Law Commercial Law Incorporation of Standard Terms Course of Dealing Authority of Agents Obligations of Hirer Burden of Proof in Hire Contracts

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Summary, issues, holding and outcome

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Parties

Trigon Tools Limited

Pursuer

Andrew Wright (PVC) Limited

Defender

Procedural Posture

Civil / Interlocutory (debate on Preliminary Plea)

Legal Issues

  1. 1 Whether the worker who signed the hire advice note had actual or ostensible authority to bind the defenders
  2. 2 Whether a course of dealing imported knowledge and assent to the pursuers' terms
  3. 3 Whether the defenders were under a common law obligation to restore the hired excavator

Ratio Decidendi

The pleadings disclose sufficient averments regarding incorporation of terms by course of dealing and ostensible authority to warrant inquiry into the facts. The common law obligation to restore hired property places the burden on the hirer to explain loss and show absence of fault. Final determination of the legal issues is reserved until after proof.

Court Disposition

Proof before answer allowed; defenders' first plea-in-law reserved.

Orders

  • Parties allowed a proof before answer.
  • Cause continued until 18 August 2010 for consideration of expenses.