Image from Google Jackets

G A Estates Ltd v Caviapen Trustees Ltd

Language: English Series: Scots Law Times ; 1993 1051-1065(15)Publication details: 1993Subject(s): Summary: Contract - building contract - construction - extent of warranties - warranty of fitness of site - warranty that plans appropriate for erection of soundly designed and constructed buildings - whether included allegedly inadequate culvert for diversion of burn - whether contra proferentem rule applicable. 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 claim relating to one obligation had any effect on prescription of another obligation in same contract - whether obligations extinguished - Prescription and Limitation (Scotland) Act 1973 (c 52), s 6(1).
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article E1848 (Browse shelf(Opens below)) 1 Available 36035-1001

Contract - building contract - construction - extent of warranties - warranty of fitness of site - warranty that plans appropriate for erection of soundly designed and constructed buildings - whether included allegedly inadequate culvert for diversion of burn - whether contra proferentem rule applicable. 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 claim relating to one obligation had any effect on prescription of another obligation in same contract - whether obligations extinguished - Prescription and Limitation (Scotland) Act 1973 (c 52), s 6(1).