Findlay v Blaylock [1936] ScotCS CSIH_1 (29 October 1936)

Findlay v Blaylock [1936] ScotCS CSIH_1 (29 October 1936)

There were no relevant averments of wrongful or malicious conduct by the father to displace the presumption that he acted in the exercise of his parental duty; thus, the action is irrelevant and cannot proceed.

Citation
[1936] ScotCS CSIH_1
Parties
Pursuer: Findlay; Defender: Blaylock
Jurisdiction
Scotland
Judgment Date
29 October 1936
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute's Decision
Outcome
appeal dismissed in part; interlocutor of Sheriff-substitute recalled only as to competency, but sustained as to relevancy
Legal Topics
Inducement to Breach Contract, Parental Authority, Promise of Marriage, Damages
Delict Family Law Inducement to Breach Contract Parental Authority Promise of Marriage Damages

Case Brief

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Parties

Findlay

Pursuer

Blaylock

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute's Decision

Legal Issues

  1. 1 Whether a father is liable in damages for inducing his minor son to break off an engagement to marry
  2. 2 Whether the pursuer's averments disclose a relevant case of wrongful interference with contractual relations

Ratio Decidendi

There were no relevant averments of wrongful or malicious conduct by the father to displace the presumption that he acted in the exercise of his parental duty; thus, the action is irrelevant and cannot proceed.

Court Disposition

appeal dismissed in part; interlocutor of Sheriff-substitute recalled only as to competency, but sustained as to relevancy

Orders

  • Interlocutor of Sheriff-substitute recalled as to competency
  • Plea to relevancy sustained; action dismissed