Khosrowpour v Taylor

Breach of contract – Delict – Action against former partner of dissolved law firm – Competency – Prescription. Court of Session: In an action in which the pursuer sought damages from a former partner of a dissolved firm of solicitors, averring breach of contractual and delictual duties in respect of advice he provided in connection with an oral agreement between the pursuer and his mother-in-law regarding the provision of funds to purchase her council house and agreement that the house would be left to the pursuer on her death, the court held that action was incompetent in so far as the pursuer sought damages from the defender for breach of contract because it sought to recover a debt owed by the dissolved partnership from only one of the partners without first constituting the debt against all the relevant partners; furthermore, any obligation the defender might have had to make reparation to the pursuer had been extinguished by the operation of the long negative prescription.

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