McDougall v Heritage Hotels Ltd & Anor [2008] ScotCS CSOH_54 (28 March 2008)

McDougall v Heritage Hotels Ltd & Anor [2008] ScotCS CSOH_54 (28 March 2008)

No binding contract or enforceable option to purchase was created between the pursuer and the first defenders, as the reservation documents expressly stated no contract was formed and no missives were concluded. Any personal obligation did not transmit to the second defenders, as it was not capable of being made a real right and the Requirements of Writing (Scotland) Act 1995 was not satisfied. The pursuer's pleadings disclosed no relevant case for declarator or specific implement.

Citation
[2008] ScotCS CSOH_54
Parties
Pursuer: Jacqueline McDougall; First Defender: Heritage Hotels Limited; Second Defender: M H Apartments Limited
Jurisdiction
Scotland
Judgment Date
28 March 2008
Procedural Posture
Civil Property/contract / Procedure Roll Discussion (preliminary Pleas as to Relevancy)
Outcome
Action dismissed as irrelevant.
Legal Topics
Formation of Contract, Options to Purchase Property, Transmission of Personal Obligations, Requirements of Writing (scotland) Act 1995, Enforceability Against Singular Successors
Contract Law Property Law Civil Procedure Formation of Contract Options to Purchase Property Transmission of Personal Obligations Requirements of Writing (scotland) Act 1995 Enforceability Against Singular Successors

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Parties

Jacqueline McDougall

Pursuer

Heritage Hotels Limited

First Defender

M H Apartments Limited

Second Defender

Procedural Posture

Civil Property/contract / Procedure Roll Discussion (preliminary Pleas as to Relevancy)

Legal Issues

  1. 1 Whether a binding contract or enforceable option to purchase was created between the pursuer and the first defenders
  2. 2 Whether any such obligation could transmit to the second defenders as singular successors
  3. 3 Whether the Requirements of Writing (Scotland) Act 1995 applied to the alleged obligation

Ratio Decidendi

No binding contract or enforceable option to purchase was created between the pursuer and the first defenders, as the reservation documents expressly stated no contract was formed and no missives were concluded. Any personal obligation did not transmit to the second defenders, as it was not capable of being made a real right and the Requirements of Writing (Scotland) Act 1995 was not satisfied. The pursuer's pleadings disclosed no relevant case for declarator or specific implement.

Court Disposition

Action dismissed as irrelevant.

Orders

  • Action dismissed in its entirety.