The pursuer averred that the defendant, his pension provider, had wrongfully reduced its final bonus by ten per cent without notifying him. He sought to imply a term into the contract to provide such an effect, saying that the contract promised an annual update. That promise was to be read to satisfy the purpose for which it was given namely to allow the pursuer to make decisions on his investments.
Held: The claim failed. The contract could not be read to include such a promise. One was not made at the inception of the policy, and later actions could not be used to imply obligations into the concluded contract. There would in any event be difficulty in identifying the extent of such an obligation.
Judges:
Lord Glennie
Citations:
[2008] ScotCS CSOH – 162
Links:
Jurisdiction:
Scotland
Citing:
Cited – Pagnan SpA v Feed Products Ltd CA 2-Jan-1987
Contractually Bound – but Further Terms to Agree
The parties had gone ahead with performance of the arrangement between them, but without a formal agreement being in place.
Held: Parties may intend to be bound forthwith even though there are further terms still to be agreed. If they then . .
Cited – Jayaar Impex Limited v Toaken Group Limited 1996
The acceptance of a counter-offer or variation of a contract must be evidenced by ‘the plainest evidence of assent’. . .
Cited – Equitable Life Assurance Society v Hyman HL 20-Jul-2000
The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained . .
Cited – Baird Textiles Ltd v Marks and Spencer plc CA 28-Feb-2001
The more embryonic is an oral ‘agreement’, the less likely it is that the parties intended to create legal relations at that stage. For there to be an agreement formed by conduct, there must be a course of dealing from which a contract is . .
Cited – Debenhams Retail Plc v Customs and Excise VDT 3-Jun-2003
VDT CONSIDERATION – Value of supply – Retailer – Payment by credit or debit card – Appellant invites sales of goods and services at shelf price to customer – In-store notices and till slips state that customers . .
Cited – Goshawk Dedicated Ltd and others v Tyser and Co Ltd and Another CA 7-Feb-2006
Lloyds underwiters sought inspection of the records of the Lloyd’s brokers.
Held: The documents must be made available at the cost of the underwriters. It was an implied obligation in a market where the brokers retained the records to make the . .
Cited – Scott v Dawson 1862
. .
Cited – North American and Continental Sales Inc v BEPI (Electronics) Limited 1982
. .
Cited – BP Refinery (Westernport) Pty Ltd v The Shire of Hastings PC 1977
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract.
Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a . .
Cited – Scally v Southern Health and Social Services Board HL 1991
The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to . .
Cited – Thomson v Thomas Muir (Waste Management Ltd) 1995
To imply a term into a contract, the court must be persuaded that the contract is unworkable without it. . .
Cited – Cawdor v Cawdor Castle (Tourism) Ltd SCS 31-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.
Financial Services, Contract
Updated: 06 April 2022; Ref: scu.278428