Smith and Smith v Messrs Lindsay and Kirk and others: SCS 16 Dec 1999

Where a contract specifically provided that it would become unenforceable after two years from the date of the contract, an action for breach of contract, and not just an action for performance of it, was also time barred after the expiry of the agreed time. This applied even if, as in this case, the breach occurred within the two year period. The word ‘enforceable’ should not be given such a constrained meaning as to limit it to an action for performance.

Citations:

Times 16-Mar-2000, [1999] ScotCS 302

Links:

Bailii

Jurisdiction:

Scotland

Contract, Limitation, Contract

Updated: 21 October 2022; Ref: scu.163734