Stewart -v- Kennedy; HL 10-Mar-1890

As a general rule of Scottish law, extrinsic evidence of the parties’ intention as to whether or not they intended to be bound by obligations which they have entered into in writing is inadmissible. There may however be exceptional cases.
For a plea of error to succeed, it had to be shown that there was uninduced unilateral error going to the ‘substantials’ of the contract.
A party must take his contract as bearing whatever meaning the court will assign to it when it is called upon to interpret it. He is bound ‘by the interpretation which a court of law may put upon the language of the instrument.’

Court: HL
Date: 10-Mar-1890
Judges: Lord Watson
Links: Bailii,
References: [1890] UKHL 1, (1890) 17 R (HL) 25, (1890) LR 15 App Cas 108
Cited By:

Leave a Comment

Filed under Contract, Scotland

Leave a Reply