MacInnes v Gross [2017] EWHC 46 (QB) (27 January 2017)

MacInnes v Gross [2017] EWHC 46 (QB) (27 January 2017)

No binding contract was formed at the dinner on 23 March 2011 because there was no intention to create legal relations, no agreement on essential terms (particularly remuneration), and the alleged terms were too uncertain and complex to be enforceable; the claimant's quantum meruit claim also failed as there was no basis for such recovery against the first defendant.

Citation
[2017] EWHC 46 (QB)
Parties
Claimant: Bruce MacInnes; First Defendant: Hans Thomas Gross
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Commercial Contract Claim / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Contract Formation, Intention to Create Legal Relations, Quantum Meruit, Remuneration Agreements, Oral Contracts
Contract Law Commercial Law Contract Formation Intention to Create Legal Relations Quantum Meruit Remuneration Agreements Oral Contracts

Case Brief

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Parties

Bruce MacInnes

Claimant

Hans Thomas Gross

First Defendant

Procedural Posture

Commercial Contract Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether a binding oral contract was formed between the claimant and the first defendant on 23 March 2011
  2. 2 Whether the claimant is entitled to remuneration under a quantum meruit for services allegedly provided
  3. 3 Whether the terms of the alleged contract were sufficiently certain and complete to be enforceable

Ratio Decidendi

No binding contract was formed at the dinner on 23 March 2011 because there was no intention to create legal relations, no agreement on essential terms (particularly remuneration), and the alleged terms were too uncertain and complex to be enforceable; the claimant's quantum meruit claim also failed as there was no basis for such recovery against the first defendant.

Court Disposition

Claim dismissed

Orders

  • The claim for €13.5 million under contract and quantum meruit is dismissed.
  • No order for payment to the claimant.