SCOTIA HOMES (SOUTH) LIMITED v. MR JAMES MAURICE McLEAN & MRS. LINDA ISABELLA McLEAN [2012] ScotSC 5 (11 January 2012)

SCOTIA HOMES (SOUTH) LIMITED v. MR JAMES MAURICE McLEAN & MRS. LINDA ISABELLA McLEAN [2012] ScotSC 5 (11 January 2012)

The court found no credible evidence of misrepresentation by the pursuers or their agents; Mrs McLean's belief that she was purchasing a three-bedroom property was not induced by any representation. The missives, when read with the referenced plans and in the context of the parties' knowledge, provided a sufficiently certain description of the property to be enforceable. The defenders' pleas of misrepresentation and uncertainty were therefore repelled.

Citation
[2012] ScotSC 5
Parties
Pursuer: Scotia Homes (South) Limited; Defender: Mr James Maurice McLean; Defender: Mrs Linda Isabella McLean
Jurisdiction
Scotland
Judgment Date
11 January 2012
Procedural Posture
Civil / Interlocutory Judgment on Defenders' Pleas in Law (misrepresentation and Uncertainty)
Outcome
Defenders' fourth and fifth pleas in law repelled; proof before answer allowed on pursuers' second plea in law (restricted to quantum); cause appointed to a hearing on expenses.
Legal Topics
Misrepresentation, Contract Certainty, Builder's Missives, Sale of Land, Description of Property, Rescission of Contract
Contract Law Property Law Misrepresentation Contract Certainty Builder's Missives Sale of Land Description of Property Rescission of Contract

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Parties

Scotia Homes (South) Limited

Pursuer

Mr James Maurice McLean

Defender

Mrs Linda Isabella McLean

Defender

Procedural Posture

Civil / Interlocutory Judgment on Defenders' Pleas in Law (misrepresentation and Uncertainty)

Legal Issues

  1. 1 Whether there was misrepresentation by the pursuers justifying reduction of the missives
  2. 2 Whether the missives were void from uncertainty due to inadequate description of the property

Ratio Decidendi

The court found no credible evidence of misrepresentation by the pursuers or their agents; Mrs McLean's belief that she was purchasing a three-bedroom property was not induced by any representation. The missives, when read with the referenced plans and in the context of the parties' knowledge, provided a sufficiently certain description of the property to be enforceable. The defenders' pleas of misrepresentation and uncertainty were therefore repelled.

Court Disposition

Defenders' fourth and fifth pleas in law repelled; proof before answer allowed on pursuers' second plea in law (restricted to quantum); cause appointed to a hearing on expenses.

Orders

  • Repels defenders' fourth and fifth pleas in law
  • Allows proof before answer on pursuers' second plea in law, restricted to quantum