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Scotland Case Law

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Contract-law [2016] ScotSC 61

COLIN MCKENDRICK AGAINST MR STEPHEN CUMMING AND MRS HEATHER CUMMING

COLIN MCKENDRICK AGAINST MR STEPHEN CUMMING AND MRS HEATHER CUMMING [2016] ScotSC 61 (21 September 2016)

Sheriff Court judgment on a decking installation dispute: the pursuer recovered the timber cost only, while his labour claim and the defenders’ counterclaim were refused.

  • Breach-of-contract
  • Defective-workmanship
  • Remedies-for-breach
  • Quantification-of-counterclaim
  • Mutuality-of-contract
  • Counterclaim-quantification
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Public-procurement [2015] ScotCS CSIH_85

Salt International Ltd (Formerly Nationwide Gritting Services Ltd) v The Scottish Ministers

Salt International Ltd (Formerly Nationwide Gritting Services Ltd) v The Scottish Ministers [2015] ScotCS CSIH_85 (01 December 2015)

The Inner House refused Salt International’s reclaiming motion over Scottish Ministers’ emergency salt purchases, upholding the commercial judge on urgency, remedies, and damages.

  • Public-contracts-(scotland)-regulations-2006
  • Extreme-urgency-derogation
  • Tender-procedures
  • Remedies-for-breach
  • Damages
  • Declaratory-relief
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Contract-law [2015] ScotCS CSOH_97

Glen Clyde Whisky Ltd v Campbell Meyer & Company Ltd

Glen Clyde Whisky Ltd v Campbell Meyer & Company Ltd [2015] ScotCS CSOH_97 (22 July 2015)

Commercial contract dispute over whisky supply, payment timing, and defective labels. The Court of Session found breach on both sides but held the defender could not withhold delivery across separate contracts.

  • Sale-of-goods
  • Implied-terms
  • Material-breach
  • Remedies-for-breach
  • Quality-of-goods
  • Mutuality-of-contractual-obligations
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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
  • Civil-appeal
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Contract-law [2013] ScotCS CSIH_61

AMA (New Town) Ltd & Ors v Law & Ors

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

The Inner House held that AMA (New Town) Ltd could sue for the unpaid price of houses sold under missives, despite the buyers’ refusal to pay.

  • Specific-implement
  • Breach-of-contract
  • Remedies-for-breach
  • Sale-of-heritable-property
  • Repudiation
  • Damages
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Contract-law [2011] ScotSC 9

Gregor Homes Ltd v. Emlick

Gregor Homes Ltd v. Emlick [2011] ScotSC 9 (11 January 2011)

Sheriff Court decision on a Scottish house-sale dispute, holding that practical completion occurred, the defender’s agent had authority, and the defender was in breach for non-payment.

  • Breach-of-contract
  • Missives-(scottish-property-contracts)
  • Agency
  • Practical-completion
  • Remedies-for-breach
  • Heritable-property-transactions
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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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Contract-law [2006] ScotCS CSIH_49

Lamarra v. Capital Bank Plc & Anor

Lamarra v. Capital Bank Plc & Anor [2006] ScotCS CSIH_49 (10 October 2006)

The Inner House held that a Range Rover delivered with significant defects was not of satisfactory quality and that the buyer could reject it.

  • Implied-terms
  • Satisfactory-quality
  • Material-breach
  • Hire-purchase-agreements
  • Remedies-for-breach
  • Consumer-law
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Contract-law [2006] ScotCS CSOH_15

Hutchison v. Graham's Executrix

Hutchison v. Graham's Executrix [2006] ScotCS CSOH_15 (31 January 2006)

The Court of Session held that the agreement did not make Mary Graham’s bequest irrevocable; it anticipated possible revocation and provided only a repayment remedy.

  • Irrevocability-of-bequests
  • Construction-of-contract-terms
  • Remedies-for-breach-of-contract
  • Testamentary-freedom
  • Succession-law
  • Contract-construction
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Contract-law [2004] ScotSC 75

Lamarra v Capital Bank Plc & Anor

Lamarra v Capital Bank Plc & Anor [2004] ScotSC 75 (22 November 2004)

Appeal allowed in a hire-purchase dispute over a new Range Rover. The sheriff principal held the vehicle was not of satisfactory quality and the pursuer could reject it.

  • Implied-terms
  • Satisfactory-quality
  • Material-breach
  • Hire-purchase-agreements
  • Remedies-for-breach
  • Assessment-of-quality
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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.