SUPASEAL GLASS LTD AGAINST INVERCLYDE WINDOWS MANUFACTURING LTD [2022] ScotCS CSOH_49 (20 July 2022)

SUPASEAL GLASS LTD AGAINST INVERCLYDE WINDOWS MANUFACTURING LTD [2022] ScotCS CSOH_49 (20 July 2022)

A binding and enforceable contract was concluded on 8 December 2015 between Supaseal and Inverclyde for the exclusive supply of glass until 31 December 2020 at agreed prices, as all essential terms were settled and there was no requirement for a written agreement; the parties' conduct and contemporaneous documentation evidenced immediate intention to be bound.

Citation
[2022] ScotCS CSOH_49
Parties
Pursuer: Supaseal Glass Limited; Defender: Inverclyde Windows Manufacturing Limited
Jurisdiction
Scotland
Judgment Date
20 July 2022
Procedural Posture
Commercial Contract Dispute / Preliminary Proof on Contract Formation and Terms
Outcome
For the pursuer; defender's first to fourth pleas in law repelled; case put out by order for further procedure.
Legal Topics
Contract Formation, Exclusivity Agreements, Requirements of Writing, Certainty of Terms, Objective Assessment of Intention
Contract Law Commercial Law Contract Formation Exclusivity Agreements Requirements of Writing Certainty of Terms Objective Assessment of Intention

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Parties

Supaseal Glass Limited

Pursuer

Inverclyde Windows Manufacturing Limited

Defender

Procedural Posture

Commercial Contract Dispute / Preliminary Proof on Contract Formation and Terms

Legal Issues

  1. 1 Whether a binding and enforceable contract was concluded between the parties on 8 December 2015
  2. 2 Whether the contract required to be in writing to be enforceable
  3. 3 What the terms of the contract were and whether they were sufficiently certain

Ratio Decidendi

A binding and enforceable contract was concluded on 8 December 2015 between Supaseal and Inverclyde for the exclusive supply of glass until 31 December 2020 at agreed prices, as all essential terms were settled and there was no requirement for a written agreement; the parties' conduct and contemporaneous documentation evidenced immediate intention to be bound.

Court Disposition

For the pursuer; defender's first to fourth pleas in law repelled; case put out by order for further procedure.

Orders

  • Repel defender's first to fourth pleas in law
  • Put case out by order to discuss further procedure