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Contract law [2023] ScotCS CSOH_73

ATE FARMS LTD AGAINST (I) AW ESTATES SCOTLAND LTD (IN ADMINISTRATION) AND (II) ARJOWIGGINS SCOTLAND LTD (IN ADMINISTRATION) AND THE JOINT ADMINISTRATORS THEREOF; AND ANOTHER

ATE FARMS LTD AGAINST (I) AW ESTATES SCOTLAND LTD (IN ADMINISTRATION) AND (II) ARJOWIGGINS SCOTLAND LTD (IN ADMINISTRATION) AND THE JOINT ADMINISTRATORS THEREOF; AND ANOTHER [2023] ScotCS CSOH_73 (17 October 2023)

The court held that administrators breached a deposit and exclusivity agreement by insisting on environmental indemnities beyond the heads of terms, and ordered repayment of the £300,000 deposit.

  • Breach of contract
  • Good faith obligations
  • Deposit and exclusivity agreements
  • Environmental indemnities
  • Rescission of contract
  • Contract-breach
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Contract law [2019] ScotCS CSOH_1

RAMOYLE DEVELOPMENTS LIMITED AGAINST SCOTTISH BORDERS COUNCIL

RAMOYLE DEVELOPMENTS LIMITED AGAINST SCOTTISH BORDERS COUNCIL [2019] ScotCS CSOH_1 (08 January 2019)

The Court of Session held that online submission of a planning application satisfied a contractual deadline, even though the fee had not yet been received.

  • Interpretation of commercial contracts
  • Planning application procedures
  • Rescission of contract
  • Contract-interpretation
  • Planning-law
  • Rescission
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Contract law [2018] ScotCS CSIH_44

IFTIKHAR, RECLAIMING MOTION AGAINST CIP PROPERTY (AIPT) LIMITED

IFTIKHAR, RECLAIMING MOTION AGAINST CIP PROPERTY (AIPT) LIMITED [2018] ScotCS CSIH_44 (03 July 2018)

The Inner House held that the buyer had complied with the initial KYC request, so the seller’s sudden rescission of the property sale was unlawful.

  • Rescission of contract
  • Know your customer (kyc) requirements
  • Money laundering regulations
  • Interpretation of contract clauses
  • Illegality in contract performance
  • Contract-rescission
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Contract law [2017] ScotCS CSOH_148

IFTIKHAR AGAINST CIP PROPERTY (AIPT) LIMITED

IFTIKHAR AGAINST CIP PROPERTY (AIPT) LIMITED [2017] ScotCS CSOH_148 (05 December 2017)

The Court of Session held that the defender validly resiled from a property sale after the pursuer failed to provide satisfactory KYC information by the deadline.

  • Rescission of contract
  • Kyc compliance
  • Illegality defence
  • Interpretation of contractual terms
  • Contract-interpretation
  • Rescission
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Contract law [2015] ScotSC 40

DAVID MAGUIRE AGAINST 5PM LTD AND 6 OTHERS

DAVID MAGUIRE AGAINST 5PM LTD AND 6 OTHERS [2015] ScotSC 40 (01 June 2015)

Appeal dismissed in a dispute over expert valuation of shares. The court held the valuer’s departure from instructions was a material breach, allowing rescission.

  • Expert determination
  • Material breach
  • Valuation contracts
  • Rescission of contract
  • Remedies for breach
  • Expert-determination
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Contract law [2012] ScotSC 5

SCOTIA HOMES (SOUTH) LIMITED v. MR JAMES MAURICE McLEAN & MRS. LINDA ISABELLA McLEAN

SCOTIA HOMES (SOUTH) LIMITED v. MR JAMES MAURICE McLEAN & MRS. LINDA ISABELLA McLEAN [2012] ScotSC 5 (11 January 2012)

The sheriff rejected claims of misrepresentation and contractual uncertainty in off-plan missives for Plot 44 at Langtoun Maltings, Kirkcaldy.

  • Misrepresentation
  • Contract certainty
  • Builder's missives
  • Sale of land
  • Description of property
  • Rescission of contract
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Contract law [2011] ScotSC 152

LORIMER HOMES PITTODRIE LIMITED v. ALISTAIR GREG

LORIMER HOMES PITTODRIE LIMITED v. ALISTAIR GREG [2011] ScotSC 152 (28 September 2011)

The sheriff held that the defender had instructed solicitors to accept offers for three plots, binding him to the missives and making him liable for breach.

  • Breach of contract
  • Authority of agent
  • Missives for sale of heritable property
  • Rescission of contract
  • Damages for breach
  • Breach-of-contract
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Consumer law [2010] ScotCS CSIH_49

Durkin (Aberdeen Sheriff Court) v DSG Retail Ltd

Durkin (Aberdeen Sheriff Court) v DSG Retail Ltd [2010] ScotCS CSIH_49 (15 June 2010)

Court of Session held that rescinding a sale contract did not, under section 75(1) of the Consumer Credit Act 1974, entitle the debtor to rescind the linked credit agreement.

  • Consumer credit agreements
  • Rescission of contract
  • Joint and several liability
  • Damages for injury to credit
  • Interpretation of section 75 consumer credit act 1974
  • Consumer-credit-agreements
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Landlord and tenant [2010] ScotCS CSOH_67

Crieff Highland Gathering Ltd v Perth & Kinross Council

Crieff Highland Gathering Ltd v Perth & Kinross Council [2010] ScotCS CSOH_67 (25 May 2010)

Court of Session decision on whether a lease of parkland was validly terminated for alleged breach of maintenance obligations and dilapidations notice.

  • Lease termination
  • Material breach
  • Maintenance obligations
  • Rescission of contract
  • Listed buildings
  • Lease-termination
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Contract law [2010] ScotCS CSOH_39

CMS Scotland Ltd v ING Lease (UK) Ltd

CMS Scotland Ltd v ING Lease (UK) Ltd [2010] ScotCS CSOH_39 (17 March 2010)

The court dismissed a hire-purchase claim over a Bentley Azure, finding no proved catastrophic brake failure and no defect making the car unsatisfactory.

  • Hire purchase agreement
  • Satisfactory quality of goods
  • Fitness for purpose
  • Rescission of contract
  • Remedies for breach
  • Sale of goods act
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.