M'Adam v. Scott [1912] ScotLR 264 (21 November 1912)
The Court held that the discharge and receipt documents were ambiguous and could not be safely construed without knowledge of the facts to which they related. Proof habili modo was allowed to ascertain the true nature of the settlement and whether the £500 claim was discharged.
- Citation
- [1912] ScotLR 264
- Parties
- Pursuer: David Wilson M'Adam; Defender: George Turner Scott
- Jurisdiction
- Scotland
- Judgment Date
- 21 November 1912
- Procedural Posture
- Civil / Interlocutory (proof Habili Modo Allowed)
- Outcome
- Proof habili modo allowed; interlocutor adhered to.
- Legal Topics
- Parole Evidence, Discharge of Claims, Essential Error, Settlement Agreements, Interpretation of Written Documents
Case Brief
Summary, issues, holding and outcome
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Parties
David Wilson M'Adam
Pursuer
George Turner Scott
Defender
Procedural Posture
Civil / Interlocutory (proof Habili Modo Allowed)
Legal Issues
- 1 Whether written discharge and receipt documents constitute a final settlement excluding further claims
- 2 Whether parole evidence is admissible to explain ambiguity in written documents
- 3 Whether essential error can set aside a gratuitous discharge
Ratio Decidendi
The Court held that the discharge and receipt documents were ambiguous and could not be safely construed without knowledge of the facts to which they related. Proof habili modo was allowed to ascertain the true nature of the settlement and whether the £500 claim was discharged.
Court Disposition
Proof habili modo allowed; interlocutor adhered to.
Orders
- Parties allowed proof of averments habili modo before answer.
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