Friday 28 August 2015

UK: Scotland: joint ventures and pre-contractual disclosure

Earlier this month Lord Tyre delivered his opinion in The University Court of the University of St Andrews v Headon Holdings Ltd [2015] CSOH 113. The opinion contains some interesting discussion, with references to Scottish and English authorities, about the circumstances in which pre-contractual duties of disclosure arise. In the case before him, which concerned a joint venture and not (importantly) a partnership, Lord Tyre rejected the argument that a pre-contractual duty of disclosure arose, stating that it would be " innovation supported by neither principle nor precedent" (para. [18]).

Correction (2 September 2015): the word 'ventures' is now spelled correctly in the title. Apologies for the original misspelling.

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