Lawrie v. James Brown & Co., Ltd [1908] ScotLR 477 (06 March 1908)

Lawrie v. James Brown & Co., Ltd [1908] ScotLR 477 (06 March 1908)

The action was incompetent and irrelevant because the agreement was a single, indivisible contract under the Workmen's Compensation Act 1897, registered and enforceable only by statutory means. No term of duration was fixed for the employment, so the contract was terminable at will, and no damages for breach were due.

Citation
[1908] ScotLR 477
Parties
Pursuer: Thomas Lawrie; Defender: James Brown & Company, Limited
Jurisdiction
Scotland
Judgment Date
06 March 1908
Procedural Posture
Ordinary Action of Damages / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
action dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied
Legal Topics
Workmen's Compensation, Breach of Contract, Registration of Agreements, Competency of Actions, Duration of Employment Contracts
Employment Law Statutory Compensation Contract Law Workmen's Compensation Breach of Contract Registration of Agreements Competency of Actions Duration of Employment Contracts

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Parties

Thomas Lawrie

Pursuer

James Brown & Company, Limited

Defender

Procedural Posture

Ordinary Action of Damages / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether an action for damages at common law is competent for breach of an agreement registered under the Workmen's Compensation Act 1897
  2. 2 Whether the agreement to provide 'regular employment' is enforceable as a separate contract or only under the Act
  3. 3 Whether the agreement fixed a term of employment so as to make dismissal actionable

Ratio Decidendi

The action was incompetent and irrelevant because the agreement was a single, indivisible contract under the Workmen's Compensation Act 1897, registered and enforceable only by statutory means. No term of duration was fixed for the employment, so the contract was terminable at will, and no damages for breach were due.

Court Disposition

action dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied

Orders

  • Defenders assoilzied from conclusions of the action
  • Interlocutor of Lord Ordinary adhered to