Site icon swarb.co.uk

Barry and Barry v Sutherland: SCS 23 Nov 2001

The pursuers alleged that the defender had made fraudulent misrepresentations to them when selling them his bar business. On entry they had found a set of accounts showing a lower turnover, and exercised an option to break their lease.
Held: The fact that matters did not proceed to the stage of implementation of the element of the contract comprising the sale necessarily precludes any measurement of loss by reference to a value difference at the transaction date.

Judges:

Lord Eassie

Citations:

2002 SLT 413, [2001] ScotCS 268

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See alsoutherland v Barry and Barry SCS 23-Nov-2001
. .
CitedManners v Whitehead SCS 1898
(Inner House) An innocent misrepresentation does not give rise to damages. To be actionable it must be made fraudulently, but a person to whom a fraudulent representation of the profitability of a business, or a business opportunity, had been made . .

Cited by:

See alsoutherland v Barry and Barry SCS 23-Nov-2001
. .
CitedAMEC Mining v Scottish Coal Company SCS 6-Aug-2003
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. . .
See Alsoutherland v Barry and Barry SCS 23-Nov-2001
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 05 June 2022; Ref: scu.168874

Exit mobile version