Anwar and another v Britton another

Contract – Construction – Entire agreement clause – Warranty regarding flooding. Sheriff Court: In an action in which the pursuers sought reduction of missives of sale and a subsequent disposition relating to heritable property, alleging misrepresentation concerning whether the subjects were affected by flooding, the court held that an entire agreement clause in the contract was a 'basic' entire agreement clause, simply providing that the full contractual terms were to be found in the concluded missives and not elsewhere, and it did not go further and preclude a party founding on misrepresentations; the court also rejected the contention that the pursuers had not pled a relevant and specific case for breach of a clause providing a sellers' warranty concerning whether the property was affected by flooding.

Category: