Kennedy v. Bruce [1907] ScotLR 593 (20 March 1907)

Kennedy v. Bruce [1907] ScotLR 593 (20 March 1907)

Pursuer, not being party to lease nor having jus quaesitum tertio, cannot sue landlord on contract; however, action based on negligence is relevant and pursuer entitled to sue landlord if fault established under Scottish law.

Citation
[1907] ScotLR 593
Parties
Pursuer: Mrs Sarah M'Donald or Kennedy; Defender: John W. Bruce
Jurisdiction
Scotland
Judgment Date
20 March 1907
Procedural Posture
Reparation (damages) / Appeal From Sheriff Court; Interlocutor Pronounced
Outcome
First plea-in-law for pursuer repelled; cause remitted to Sheriff for proof before answer; all questions of expenses reserved
Legal Topics
Negligence, Landlord and Tenant, Title to Sue, Jus Quaesitum Tertio
Tort Contract Property Negligence Landlord and Tenant Title to Sue Jus Quaesitum Tertio

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Parties

Mrs Sarah M'Donald or Kennedy

Pursuer

John W. Bruce

Defender

Procedural Posture

Reparation (damages) / Appeal From Sheriff Court; Interlocutor Pronounced

Legal Issues

  1. 1 Whether a housekeeper, not party to lease, has title to sue landlord for damages caused by defective premises
  2. 2 Whether action based on contract or negligence is relevant for such claimant

Ratio Decidendi

Pursuer, not being party to lease nor having jus quaesitum tertio, cannot sue landlord on contract; however, action based on negligence is relevant and pursuer entitled to sue landlord if fault established under Scottish law.

Court Disposition

First plea-in-law for pursuer repelled; cause remitted to Sheriff for proof before answer; all questions of expenses reserved

Orders

  • Recall Sheriff-Substitute's interlocutor of 8 November 1906
  • Repel first plea for pursuer