The recent decision in the case of Our Generation Limited v Aberdeen City Council highlights the issue regarding the validity of a notice in a commercial contract
The interpretation of commercial contract terms (including commercial leases) by the courts has long been a topic of interest with several notable reported cases in recent years (see our previous article here).
The topic was recently revisited by the Inner House of the Court of Session where the validity of a notice was challenged. The decision serves as a reminder to commercial landlords, tenants and all businesses that legal advice should always be sought in advance where leases or any other commercial contract require notices to be served.
The point before the court was whether the email sent by an agent of the pursuers (the party relying on the notice) to an employee of the defenders and attaching a statement of account could constitute a “written notice” requiring payment in terms of the contract entered into by the parties.
Read entire article here.