Krupp v John Menzies Ltd [1907] ScotCS CSIH_7 (16 May 1907)

Proof should be allowed to determine whether the written contract contains a clerical or arithmetical error and to correct it if it does not reflect the true intention of the parties.

Citation: [1907] ScotCS CSIH_7
Parties: Pursuer: Krupp; Defender: John Menzies Ltd
Jurisdiction: Scotland
Judgment Date: 16 May 1907
Procedural Posture: Civil / Interlocutory (admissibility of Proof)
Outcome: Proof allowed
Legal Topics: Rectification of Contract, Clerical Error, Admissibility of Parole Evidence

Contract Law Civil Procedure Rectification of Contract Clerical Error Admissibility of Parole Evidence

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Parties

Krupp

Pursuer

John Menzies Ltd

Defender

Procedural Posture

Civil / Interlocutory (admissibility of Proof)

Legal Issues

1 Whether parole evidence is admissible to prove a clerical or arithmetical error in a written contract
2 Whether the written contract can be rectified to reflect the true intention of the parties

Ratio Decidendi

Proof should be allowed to determine whether the written contract contains a clerical or arithmetical error and to correct it if it does not reflect the true intention of the parties.

Court Disposition

Proof allowed

Orders

Proof is allowed to determine whether the contract contains a clerical or arithmetical error and to correct it if necessary.