Graeme Fraser & Company v. Donaldson [2005] ScotSC 58 (08 September 2005)

Graeme Fraser & Company v. Donaldson [2005] ScotSC 58 (08 September 2005)

There was no consensus or binding agreement reached between the parties to settle the account for £1,200 during the telephone conversation. The original contract and invoice for professional services remained enforceable, and the sheriff's findings of fact were not open to challenge in the absence of notes of evidence or clear error.

Citation
[2005] ScotSC 58
Parties
Pursuers and Respondents: Graeme Fraser & Co; Defender and Appellant: Lynne Donaldson
Jurisdiction
Scotland
Judgment Date
08 September 2005
Procedural Posture
Civil Appeal / Appeal From Sheriff Court Judgment
Outcome
Appeal refused; interlocutor of sheriff adhered to.
Legal Topics
Quantum Meruit, Contract Formation, Appeals, Professional Fees
Contract Law Civil Procedure Quantum Meruit Contract Formation Appeals Professional Fees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Graeme Fraser & Co

Pursuers and Respondents

Lynne Donaldson

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Court Judgment

Legal Issues

  1. 1 Whether a binding agreement was reached between the parties to settle the outstanding account for a reduced sum
  2. 2 Whether the sheriff erred in finding no consensus or new contract was formed
  3. 3 Whether the sheriff misapprehended material facts regarding the defender's ability to pay

Ratio Decidendi

There was no consensus or binding agreement reached between the parties to settle the account for £1,200 during the telephone conversation. The original contract and invoice for professional services remained enforceable, and the sheriff's findings of fact were not open to challenge in the absence of notes of evidence or clear error.

Court Disposition

Appeal refused; interlocutor of sheriff adhered to.

Orders

  • Defender and appellant found liable to pursuers and respondents in expenses of the appeal.
  • Account of expenses to be given in and remitted to auditor of court to tax and report.