Aisling Developments Ltd v Persimmon Homes Ltd & Anor [2008] ScotCS CSOH_140 (24 September 2008)

Aisling Developments Ltd v Persimmon Homes Ltd & Anor [2008] ScotCS CSOH_140 (24 September 2008)

No binding and enforceable contract was concluded at the meeting of 5 March 2002 because not all essential terms were agreed and the parties did not intend to be bound at that stage. The Requirements of Writing (Scotland) Act 1995 precludes enforcement of the alleged oral contract, and the pursuers' reliance does not satisfy the statutory exceptions.

Citation
[2008] ScotCS CSOH_140
Parties
Pursuer: Aisling Developments Limited; First Defender: Persimmon Homes Limited; Second Defender: Persimmon Homes (West Scotland) Limited
Jurisdiction
Scotland
Judgment Date
24 September 2008
Procedural Posture
Commercial Property Dispute / Proof Before Answer, Limited to Declarator of Contract Formation
Outcome
Pursuer's claim dismissed
Legal Topics
Formation of Contract, Requirements of Writing (scotland) Act 1995, Enforceability of Oral Agreements, Specific Implement, Reliance and Personal Bar
Contract Law Property Law Formation of Contract Requirements of Writing (scotland) Act 1995 Enforceability of Oral Agreements Specific Implement Reliance and Personal Bar

Case Brief

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Parties

Aisling Developments Limited

Pursuer

Persimmon Homes Limited

First Defender

Persimmon Homes (West Scotland) Limited

Second Defender

Procedural Posture

Commercial Property Dispute / Proof Before Answer, Limited to Declarator of Contract Formation

Legal Issues

  1. 1 Whether a binding and enforceable contract for the sale of heritable property was concluded orally at the meeting of 5 March 2002
  2. 2 Whether the Requirements of Writing (Scotland) Act 1995, section 1(3) and (4), prevent the defenders from withdrawing from the contract
  3. 3 Whether all essential terms were agreed at the meeting

Ratio Decidendi

No binding and enforceable contract was concluded at the meeting of 5 March 2002 because not all essential terms were agreed and the parties did not intend to be bound at that stage. The Requirements of Writing (Scotland) Act 1995 precludes enforcement of the alleged oral contract, and the pursuers' reliance does not satisfy the statutory exceptions.

Court Disposition

Pursuer's claim dismissed

Orders

  • Declarator refused
  • No order for implement of contract