Contract – Error in Essentials.- A contract specified for the building of a bridge from Rutherglen across the river Clyde, and enumerated the height of abutments, and dimensions otherwise, and referred to a plan. But omitted to mention any thing about the depth of the foundation below the bed of the river, which, from the nature of the bed, turned out to require a considerable depth of foundation, strongly piled. Held, that there was no binding contract on the builder to build, this having been omitted, and that he was free. Also held, as to the abutments built on the level of the bed of the river, that he was entitled to take away the materials so erected and built-he repaying to his employers the partial payments made towards the contract price.
[1773] UKHL 2 – Paton – 305, (1773) 2 Paton 305
Bailii
Scotland
Contract
Updated: 13 January 2022; Ref: scu.561821
