Morrisons Associated Companies Limited v.James Rome & Sons Limited 1964 S.C. 160
Citation: Morrisons Associated Companies Limited v.James Rome & Sons Limited 1964 S.C. 160
Rule of thumb: How do you plead a legal case? You plead specific facts which can establish that specific laws were broken.
Judgment:
There must be specific sources of primary law referred to in order to establish a successful case, ‘It is a well settled rule of our practice in pleading in Scotland that where a duty in general terms is averred, followed by a particularisation of the specific way or ways in which it is alleged that that duty has been breached, the enquiry on the facts is restricted to the specific breach or breaches of which notice has been given, and evidence directed to some other unspecified way in which the general duty may have been breached is excluded. The pursuer stands or falls on his establishing his averments of the specific breach or breaches’, Lord President Clyde at p. 182
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.