AMA (New Town) Ltd & Ors v Law & Ors [2013] ScotCS CSIH_61 (26 June 2013)

AMA (New Town) Ltd & Ors v Law & Ors [2013] ScotCS CSIH_61 (26 June 2013)

The seller is entitled to decree for payment of the purchase price under the missives where the contract terms make payment due on a fixed date, the seller is ready and willing to perform, and the only obligation on the purchaser is to pay. The innocent party's right to seek implement is not restricted merely because the purchaser refuses to cooperate or accept the disposition. There are no exceptional circumstances justifying refusal of implement. The sheriff's decision to dismiss the principal action was wrong and should be recalled.

Citation
[2013] ScotCS CSIH_61
Parties
Pursuer and Appellant: AMA (New Town) Limited; Defender and Respondent: Ron Law; Defender and Respondent: Sarah Lucy Law; Defender and Respondent: Glenmorison Limited
Jurisdiction
Scotland
Judgment Date
26 June 2013
Procedural Posture
Appeal (civil) / Appeal From Sheriff's Decision
Outcome
appeal allowed
Legal Topics
Specific Implement, Breach of Contract, Remedies for Breach, Sale of Heritable Property, Repudiation, Damages, Payment of Purchase Price
Contract Law Property Law Specific Implement Breach of Contract Remedies for Breach Sale of Heritable Property Repudiation Damages +1 more

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Parties

AMA (New Town) Limited

Pursuer and Appellant

Ron Law

Defender and Respondent

Sarah Lucy Law

Defender and Respondent

Glenmorison Limited

Defender and Respondent

Procedural Posture

Appeal (civil) / Appeal From Sheriff's Decision

Legal Issues

  1. 1 Whether the seller is entitled to decree for payment of the purchase price under missives for sale of heritable property where the purchaser repudiates the contract and refuses to pay.
  2. 2 Whether the innocent party's right to seek implement (enforcement) of the contract is restricted where the purchaser refuses to cooperate or accept the disposition.
  3. 3 Whether the court should exercise equitable discretion to refuse implement in the circumstances.

Ratio Decidendi

The seller is entitled to decree for payment of the purchase price under the missives where the contract terms make payment due on a fixed date, the seller is ready and willing to perform, and the only obligation on the purchaser is to pay. The innocent party's right to seek implement is not restricted merely because the purchaser refuses to cooperate or accept the disposition. There are no exceptional circumstances justifying refusal of implement. The sheriff's decision to dismiss the principal action was wrong and should be recalled.

Court Disposition

appeal allowed

Orders

  • Recall the sheriff's interlocutor dismissing the principal action.
  • Sustain the first plea-in-law for the pursuers in each action.