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Scotland Case Law

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Contract law

Kirkwood Homes Limited against Robert Cameron

The Court of Session held that a unilateral undertaking by the pursuer curtailed its option rights, making its later notice invalid and defeating the damages claim.

  • Options agreement
  • Contractual variation by unilateral promise
  • Option notice validity
  • Waiver
  • Personal bar
  • Repudiatory breach
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Contract law [2023] ScotCS CSOH_4

DALTON GROUP LTD AGAINST CITY OF EDINBURGH COUNCIL

DALTON GROUP LTD AGAINST CITY OF EDINBURGH COUNCIL [2023] ScotCS CSOH_4 (26 January 2023)

Court of Session held that damages for alleged repudiation are not limited by a termination clause if the contract was never terminated.

  • Damages assessment
  • Termination of contract
  • Repudiatory breach
  • Elective theory of termination
  • Contract-law
  • Damages
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Contract law [2021] ScotCS CSOH_13

INCREMENTAL GROUP LTD AGAINST HIETA TECHNOLOGIES LTD

INCREMENTAL GROUP LTD AGAINST HIETA TECHNOLOGIES LTD [2021] ScotCS CSOH_13 (29 January 2021)

The Court of Session held that a software supplier was not in material breach of an ERP implementation contract, and the customer’s termination was unjustified.

  • Repudiatory breach
  • Material breach
  • Termination of contract
  • Damages for breach of contract
  • Declarator
  • Time and materials contracts
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Contract law [2011] ScotCS CSOH_23

Timeshare Management Services Ltd v Loch Rannoch Highland Club

Timeshare Management Services Ltd v Loch Rannoch Highland Club [2011] ScotCS CSOH_23 (02 February 2011)

The Court of Session held that the Club was not entitled to terminate the management agreement, and that TMSL’s alleged breaches were not repudiatory.

  • Repudiatory breach
  • Termination of contract
  • Damages for breach of contract
  • Management agreements
  • Bonus and performance clauses
  • Repudiatory-breach
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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.