If parties had agreed as to the way in which a liability to pay was to be determined, that was binding, and if the contractual method of determining liability was not followed the pursuers would be trying to enforce a contract of a different nature.
Citations:
1892 20 R (HL) 13
Jurisdiction:
Scotland
Cited by:
Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SCS 15-Feb-2008
The defenders had sold their business assets to the pursuers. The parties now disputed the sale terms, and in particular the calculation of a clause settling additional consideration.
Held: The court repelled the defenders’ pleas-in-law, . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 19 November 2022; Ref: scu.410700