When it comes to contracts, it’s all black and white from a court’s perspective
Writing in this week’s NLJ, Richard McMeeken, partner at Morton Fraser, covers two recent decisions in the Scottish courts in which the courts stuck firmly to the wording of the contract. That means no escape from a bad bargain.
The law in Scotland and England is closely aligned in this area, and is approached on the same basis north and south of the border.
McMeeken writes that ‘the pursuer relied heavily on precontractual discussions and negotiations between the parties’, but to no avail in the civil appeal court, the Inner House of the Court of Session.
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