Bonner Properties Ltd v McGurran Construction Ltd [2008] NICh 16 (26 November 2008)

Bonner Properties Ltd v McGurran Construction Ltd [2008] NICh 16 (26 November 2008)

The letter of 8 August 2007 from the defendant's solicitors constituted a rejection of the plaintiff's offer, terminating it; thus, there was no offer in law for the vendor to accept on 7 September, and no binding contract exists.

Citation
[2008] NICh 16
Parties
Plaintiff: Bonner Properties Ltd; Defendant: McGurran Construction Ltd
Jurisdiction
Northern Ireland
Judgment Date
26 November 2008
Procedural Posture
Chancery / Final Judgment
Outcome
Claim dismissed
Legal Topics
Formation of Contract, Statute of Frauds, Conveyancing Practice, Offer and Acceptance, Effect of 'subject to Contract'
Contract Law Property Law Formation of Contract Statute of Frauds Conveyancing Practice Offer and Acceptance Effect of 'subject to Contract'

Case Brief

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Parties

Bonner Properties Ltd

Plaintiff

McGurran Construction Ltd

Defendant

Procedural Posture

Chancery / Final Judgment

Legal Issues

  1. 1 Whether a binding contract existed for the sale of land
  2. 2 Effect of 'subject to contract' on correspondence
  3. 3 Whether the letter of 8 August 2007 constituted a rejection of the offer

Ratio Decidendi

The letter of 8 August 2007 from the defendant's solicitors constituted a rejection of the plaintiff's offer, terminating it; thus, there was no offer in law for the vendor to accept on 7 September, and no binding contract exists.

Court Disposition

Claim dismissed