TRILOGY POWER SOLUTIONS GROUP AGAINST HAWICK PLANT AUCTIONS LTD [2021] ScotCS CSOH_27 (12 March 2021)

TRILOGY POWER SOLUTIONS GROUP AGAINST HAWICK PLANT AUCTIONS LTD [2021] ScotCS CSOH_27 (12 March 2021)

The contract, construed as a whole and including the defender's first email incorporated into the pursuer's offer, contained a term that the generators supplied had to be reconditioned. The phrase 'AS IS WHERE IS' did not exclude this requirement. The pursuer pled a relevant case for breach of contract based on the generators' condition, and the defender's plea in law was repelled.

Citation
[2021] ScotCS CSOH_27
Parties
Pursuer: Trilogy Power Solutions Group; Defender: Hawick Plant Auctions Limited
Jurisdiction
Scotland
Judgment Date
12 March 2021
Procedural Posture
Commercial Action / Preliminary Hearing and Debate
Outcome
Defender's first plea in law repelled quoad the pursuer's contractual case; case put out By Order; expenses reserved.
Legal Topics
Interpretation of Contract Terms, Sale of Goods, Description and Quality of Goods, Misrepresentation
Contract Law Interpretation of Contract Terms Sale of Goods Description and Quality of Goods Misrepresentation

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Parties

Trilogy Power Solutions Group

Pursuer

Hawick Plant Auctions Limited

Defender

Procedural Posture

Commercial Action / Preliminary Hearing and Debate

Legal Issues

  1. 1 Whether the contract contained a term that the generators supplied had to be 'reconditioned'
  2. 2 Effect of the phrase 'AS IS WHERE IS' on contractual obligations regarding quality and condition
  3. 3 Whether the pursuer's case for breach of contract and misrepresentation is relevant

Ratio Decidendi

The contract, construed as a whole and including the defender's first email incorporated into the pursuer's offer, contained a term that the generators supplied had to be reconditioned. The phrase 'AS IS WHERE IS' did not exclude this requirement. The pursuer pled a relevant case for breach of contract based on the generators' condition, and the defender's plea in law was repelled.

Court Disposition

Defender's first plea in law repelled quoad the pursuer's contractual case; case put out By Order; expenses reserved.

Orders

  • Case put out By Order for further procedure.
  • All questions of expenses reserved.