LORIMER HOMES PITTODRIE LIMITED v. ALISTAIR GREG [2011] ScotSC 152 (28 September 2011)

LORIMER HOMES PITTODRIE LIMITED v. ALISTAIR GREG [2011] ScotSC 152 (28 September 2011)

On the balance of probabilities, the defender instructed KWAD to issue the qualified acceptances on his behalf and is therefore contractually bound by the missives for the purchase of plots 174, 181, and 182. The defender's failure to complete the purchases constituted a breach of contract, entitling the pursuers to rescind the missives and claim losses attributable to the breach.

Citation
[2011] ScotSC 152
Parties
Pursuer: Lorimer Homes Pittodrie Limited; Defender: Alistair Greig
Jurisdiction
Scotland
Judgment Date
28 September 2011
Procedural Posture
Civil Contractual Dispute / Proof Before Answer (liability Only)
Outcome
Liability established against defender; quantum to be determined at later hearing.
Legal Topics
Breach of Contract, Authority of Agent, Missives for Sale of Heritable Property, Rescission of Contract, Damages for Breach
Contract Law Property Law Breach of Contract Authority of Agent Missives for Sale of Heritable Property Rescission of Contract Damages for Breach

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Parties

Lorimer Homes Pittodrie Limited

Pursuer

Alistair Greig

Defender

Procedural Posture

Civil Contractual Dispute / Proof Before Answer (liability Only)

Legal Issues

  1. 1 Whether the defender was contractually bound by the missives for the purchase of plots 174, 181, and 182
  2. 2 Whether the defender instructed KWAD to accept the offers on his behalf
  3. 3 Whether the defender is liable for losses arising from breach of contract

Ratio Decidendi

On the balance of probabilities, the defender instructed KWAD to issue the qualified acceptances on his behalf and is therefore contractually bound by the missives for the purchase of plots 174, 181, and 182. The defender's failure to complete the purchases constituted a breach of contract, entitling the pursuers to rescind the missives and claim losses attributable to the breach.

Court Disposition

Liability established against defender; quantum to be determined at later hearing.

Orders

  • Parties appointed to be heard on the form of interlocutor to give effect to findings.
  • Hearing fixed for 14 October 2011 for further procedure.