Flaws & Anor v International Oil Pollution Compensation Fund [2001] ScotCS 50 (6 March 2001)

Flaws & Anor v International Oil Pollution Compensation Fund [2001] ScotCS 50 (6 March 2001)

The pursuers failed to accept the defender's offers within a reasonable time. The delay of over nine months was, on the undisputed facts, objectively unreasonable, and the pursuers pled no relevant circumstances to justify such delay. The pro-rating contingency did not entitle the pursuers to delay acceptance. Accordingly, no binding contract was constituted and the action was irrelevant.

Citation
[2001] ScotCS 50
Parties
Pursuers: Konrad Andrew Flaws and Leslie Blance Barclay; Defender: The International Oil Pollution Compensation Fund
Jurisdiction
Scotland
Judgment Date
06 March 2001
Procedural Posture
Civil (contractual Dispute) / Debate on Procedure Roll (preliminary Plea)
Outcome
Action dismissed
Legal Topics
Offer and Acceptance, Reasonable Time for Acceptance, Limitation of Liability, Oil Pollution Compensation, Pro Rating of Claims
Contract Law Maritime Law Offer and Acceptance Reasonable Time for Acceptance Limitation of Liability Oil Pollution Compensation Pro Rating of Claims

Case Brief

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Parties

Konrad Andrew Flaws and Leslie Blance Barclay

Pursuers

The International Oil Pollution Compensation Fund

Defender

Procedural Posture

Civil (contractual Dispute) / Debate on Procedure Roll (preliminary Plea)

Legal Issues

  1. 1 Whether the offers made by the defender were accepted within a reasonable time so as to constitute binding contracts
  2. 2 Whether the first offer was subject to a binding time limit for acceptance
  3. 3 Whether the contingency of pro-rating justified delay in acceptance

Ratio Decidendi

The pursuers failed to accept the defender's offers within a reasonable time. The delay of over nine months was, on the undisputed facts, objectively unreasonable, and the pursuers pled no relevant circumstances to justify such delay. The pro-rating contingency did not entitle the pursuers to delay acceptance. Accordingly, no binding contract was constituted and the action was irrelevant.

Court Disposition

Action dismissed

Orders

  • Pursuers' first plea in law repelled of consent
  • Defender's first plea in law sustained