The pursuers’ case is that they were led to enter into a contract with the defenders to execute certain works of construction of a railway for a lump sum, and that they were led to tender to do the work for a certain price, by the other party, the defenders, having, through their responsible officials, supplied them with information which was in essential particulars misleading information; and that thus they, the pursuers, were induced to enter into the contract by fraud, or otherwise that they were misinformed by an incorrect representation of facts, and were thus under essential error. They claim that the sum to which they were entitled for the work done is much larger than what they have received, and they sue for the excess. TThe pursuers’ case is that they were led to enter into a contract with the defenders to execute certain works of construction of a railway for a lump sum, and that they were led to tender to do the work for a certain price, by the other party, the defenders, having, through their responsible officials, supplied them with information which was in essential particulars misleading information; and that thus they, the pursuers, were induced to enter into the contract by fraud, or otherwise that they were misinformed by an incorrect representation of facts, and were thus under essential error. They claim that the sum to which they were entitled for the work done is much larger than what they have received, and they sue for the excess. T
Citations:
[1914] ScotCS CSIH – 2
Links:
Citing:
At HL – Boyd and Forrest v GWSR Co HL 16-May-1912
The parties had contracted for the construction of an embankment to support a railway track. The pursuers now said that they had been induced to enter the contract by means of fraudulent misrepresentation as to the results of borings at the site. . .
Cited by:
Appeal from – Boyd and Forrest v Glasgow and South-Western Railway Co HL 11-Jan-1915
The issuing of an instruction was not a condition precedent to entitlement to payment in a construction contract. . .
Lists of cited by and citing cases may be incomplete.
Scotland, Contract, Torts – Other
Updated: 21 July 2022; Ref: scu.279312