Variation of written contract by parties’ actions (Crimond Estates v Mile End Developments)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Construction analysis: Crimond Estates v Mile End Developments concerned the court’s approach to written contracts where parties have varied the contract by their actions. The Court of Session held that the parties’ conduct was sufficient to alter detailed written provisions governing the approval of contractual costs. The court also considered how the English authorities on the correct date for the assessment of loss for breach of contract are to be applied in Scotland. Written by Giles Reid, advocate, at Ampersand Advocates.