kruppSCS1907
The court considered whether there had been an error in the contract and how it should be dealt with. Lord President Dunedin said: ‘it is a very delicate matter to interfere with a written contract expressed in clear terms, and that parole proof should not be rashly allowed in such a case. But there are cases in which it would be truly a disgrace to any system of jurisprudence if there was no way available of rectifying what would otherwise be a gross injustice.’
Lord President Dunedin
[1907] ScotCS CSIH – 7, (1907) 15 SLT 36, 1907 SC 903
Bailii
Cited by:
Cited – Anderson v Lambie HL 25-Jan-1954
As the result of a mistake, a disposition of property conveyed the entirety of an estate which consisted mainly of a farm, but also included other property. The preceding missives of sale were capable of more than one meaning as to the extent of the . .
Lists of cited by and citing cases may be incomplete.
Scotland, Contract
Leading Case
Updated: 01 November 2021; Ref: scu.279275