Citation:
Link to case on WorldLII (HOL).
Link to case on WorldLII (CSIH).
Rule of thumb: Where a contract is agreed, are any past draft relevant evidence of misrepresentations in the final contract? No, all past draft contracts are irrelevant evidence of misrepresentations & the final contract supersedes them all.
Judgment:
When a conveyance is agreed, all previous drafts of the contract are irrelevant evidence in interpreting the final contract agreed, ‘According to the law of Scotland, the execution of a formal conveyance, even when it expressly bears to be in implement of a previous contract, supersedes that contract in toto, and the conveyance thenceforth becomes the sole measure of the rights and liabilities of the contracting parties", Lord Watson, at 96
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.