‘The main submission for the defenders was that the pursuers could not rely on Condition 5 to avoid liability for breaches of contract because the particular circumstances averred by the defenders as justifying their actions were not expressly covered by the condition. It was said that as the defenders averred that the pursuers’ failure in performance involved something wholly different from what the contract contemplated this was a situation not expressly covered by Condition 5 and therefore it could not be invoked.’
Judges:
Lord Kincraig
Citations:
[1976] ScotCS CSOH – 4, 1976 SLT 269, 1976 SC 151
Links:
Scotland, Contract
Updated: 22 July 2022; Ref: scu.279497
