ROBIN COLLINS V HOTEL IN THE SKYE Ltd [2015] ScotSC 21 (13 March 2015)
Clause 8.1 imposed an absolute obligation on the pursuer to procure transfer of the Peninsula contract; as transfer was not achieved, the defender's obligation to assume liability was not triggered; no indemnity arose for non-transferred contracts; pursuer remained liable under the Peninsula contract.
- Citation
- [2015] ScotSC 21
- Parties
- Pursuer: Robin Collins; Defender: Hotel in the Skye Limited
- Jurisdiction
- Scotland
- Judgment Date
- 13 March 2015
- Procedural Posture
- Civil / Final Judgment
- Outcome
- action dismissed
- Legal Topics
- Interpretation of Contractual Obligations, Assignment and Novation of Contracts, Indemnity Clauses
Case Brief
Summary, issues, holding and outcome
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Parties
Robin Collins
Pursuer
Hotel in the Skye Limited
Defender
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether clause 8.1 of the missives imposed an obligation on the seller to procure transfer of the Peninsula contract
- 2 Whether the defender was obliged to relieve the pursuer of liability under the Peninsula contract if transfer was not achieved
- 3 Interpretation of 'procure' and 'capable of transfer or novation' in the contract
Ratio Decidendi
Clause 8.1 imposed an absolute obligation on the pursuer to procure transfer of the Peninsula contract; as transfer was not achieved, the defender's obligation to assume liability was not triggered; no indemnity arose for non-transferred contracts; pursuer remained liable under the Peninsula contract.
Court Disposition
action dismissed
Orders
- repel pursuer’s pleas-in-law
- dismiss action
Full Case Text
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