ANDREW TOLLERTON AND GLORIA TOLLERTON AGAINST HIGHLAND FUELS Ltd [2022] SC ABE 12 (13 April 2022)

ANDREW TOLLERTON AND GLORIA TOLLERTON AGAINST HIGHLAND FUELS Ltd [2022] SC ABE 12 (13 April 2022)

The court found that the oil supplied by the defender was contaminated and not of satisfactory quality, directly causing damage to the pursuers' heating system. The pursuers were entitled to recover damages for the loss suffered as a result.

Citation
[2022] SC ABE 12
Parties
Pursuer: Andrew Tollerton; Pursuer: Gloria Tollerton; Defender: Highland Fuels Ltd
Jurisdiction
Scotland
Judgment Date
13 April 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for the pursuers
Legal Topics
Sale of Goods, Defective Goods, Damages
Contract Law Consumer Law Sale of Goods Defective Goods Damages

Case Brief

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Parties

Andrew Tollerton

Pursuer

Gloria Tollerton

Pursuer

Highland Fuels Ltd

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defender supplied defective heating oil to the pursuers
  2. 2 Whether the pursuers are entitled to damages for loss caused by the defective product

Ratio Decidendi

The court found that the oil supplied by the defender was contaminated and not of satisfactory quality, directly causing damage to the pursuers' heating system. The pursuers were entitled to recover damages for the loss suffered as a result.

Court Disposition

judgment for the pursuers

Orders

  • Defender to pay damages to the pursuers