Molson Coors Brewing Co Ltd v. Ramsan [2011] ScotSC 23 (11 March 2011)

Molson Coors Brewing Co Ltd v. Ramsan [2011] ScotSC 23 (11 March 2011)

The defender signed a clear and unambiguous personal guarantee, expressly as guarantor, and is bound by its terms. There was no relevant or pled misrepresentation. Missing pages did not affect the intelligibility or effect of the deed.

Citation
[2011] ScotSC 23
Parties
Pursuer: Molson Coors Brewing Company Limited; Defender: Tahir Ramsan
Jurisdiction
Scotland
Judgment Date
11 March 2011
Procedural Posture
Civil / Judgment After Debate
Outcome
decree de plano for the pursuer with expenses as taxed
Legal Topics
Personal Guarantee, Misrepresentation, Construction of Contract
Contract Law Commercial Law Personal Guarantee Misrepresentation Construction of Contract

Case Brief

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Parties

Molson Coors Brewing Company Limited

Pursuer

Tahir Ramsan

Defender

Procedural Posture

Civil / Judgment After Debate

Legal Issues

  1. 1 Whether the defender is personally liable under the guarantee document
  2. 2 Whether there was actionable misrepresentation by the pursuer

Ratio Decidendi

The defender signed a clear and unambiguous personal guarantee, expressly as guarantor, and is bound by its terms. There was no relevant or pled misrepresentation. Missing pages did not affect the intelligibility or effect of the deed.

Court Disposition

decree de plano for the pursuer with expenses as taxed

Orders

  • Decree granted for the sum sued for against the defender
  • Expenses awarded to the pursuer as taxed