Caldwell v. M'Callum [1901] ScotLR 39_257 (18 December 1901)

Caldwell v. M'Callum [1901] ScotLR 39_257 (18 December 1901)

The pursuer's averments were relevant because the landlord's agent, after being notified of the defect, assured the tenant of safety in a matter requiring skill, and the tenant was entitled to rely on that assurance. The case was distinguishable from those where the tenant knowingly accepted a patent risk without such assurance.

Citation
[1901] ScotLR 39_257
Parties
Pursuer/appellant: William F. Caldwell; Defender/respondent: Robert M'Callum
Jurisdiction
Scotland
Judgment Date
18 December 1901
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal allowed
Legal Topics
Landlord Liability, Reparation, Negligence, Habitability of Leased Premises
Landlord and Tenant Delict/tort Landlord Liability Reparation Negligence Habitability of Leased Premises

Case Brief

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Parties

William F. Caldwell

Pursuer/appellant

Robert M'Callum

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether a landlord is liable for damages caused by the fall of plaster from a ceiling when the tenant had notified the landlord's agent of the defect and received assurance of safety.
  2. 2 Whether the tenant assumed the risk of injury by remaining in the premises after being aware of the defect.

Ratio Decidendi

The pursuer's averments were relevant because the landlord's agent, after being notified of the defect, assured the tenant of safety in a matter requiring skill, and the tenant was entitled to rely on that assurance. The case was distinguishable from those where the tenant knowingly accepted a patent risk without such assurance.

Court Disposition

appeal allowed

Orders

  • Interlocutors of the Sheriff-Substitute and Sheriff recalled.
  • First plea-in-law for the defender repelled.