G A Estates Ltd v Caviapen Trustees Ltd (No 2)
G A Estates Ltd v Caviapen Trustees Ltd (No 2)
- 1993
- Scots Law Times 1993 1045-1050(6) .
Prescription - negative prescription - interruption of prescriptive period - counterclaim averring breaches of various warranties in contract raised prior to expiry of prescriptive period - deletion of averments in respect of certain warranties - reintroduction of deleted averments more than five years after lodging of counterclaim but within five years of deletion - whether obligations extinguished - Prescription and Limitation (Scotland) Act 1973 (c 52), s 6(1). Prescription - negative prescription - counterclaim averring breaches of various warranties in contract - deletion and subsequent reinstatement of averments in respect of certain warranties - whether remaining averments in respect of other warranties constituted "relevant claim" in respect of claim deleted and reinstated - Prescription and Limitation (Scotland) Act 1973 (c 52), s 6(1). Contract - building contract - construction - extent of warranties - warranty of fitness of site - warranty that plans appropriate for erect
Prescription - negative prescription - interruption of prescriptive period - counterclaim averring breaches of various warranties in contract raised prior to expiry of prescriptive period - deletion of averments in respect of certain warranties - reintroduction of deleted averments more than five years after lodging of counterclaim but within five years of deletion - whether obligations extinguished - Prescription and Limitation (Scotland) Act 1973 (c 52), s 6(1). Prescription - negative prescription - counterclaim averring breaches of various warranties in contract - deletion and subsequent reinstatement of averments in respect of certain warranties - whether remaining averments in respect of other warranties constituted "relevant claim" in respect of claim deleted and reinstated - Prescription and Limitation (Scotland) Act 1973 (c 52), s 6(1). Contract - building contract - construction - extent of warranties - warranty of fitness of site - warranty that plans appropriate for erect