Findlater v Maan [1989] ScotCS CSIH_2 (30 November 1989)

Findlater v Maan [1989] ScotCS CSIH_2 (30 November 1989)

The Court held that the correspondence resulted in two co-existing offers, and it was open to the pursuers to accept the defender's offer of 30th March 1988 and withdraw their own counter-offer of 29th March 1988. This withdrawal did not require the defender's consent, as the condition was solely in the pursuers' interest. Consensus in idem was achieved, and a valid contract was concluded for the sale of the property.

Citation
[1989] ScotCS CSIH_2
Parties
Pursuer: William Findlater and Mrs Findlater; Defender: Bashir Ahmed Maan
Jurisdiction
Scotland
Judgment Date
30 November 1989
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal to Court of Session (inner House)
Outcome
appeal refused
Legal Topics
Formation of Contract, Missives of Sale, Qualified Acceptance, Counter Offer, Waiver of Contractual Conditions
Contract Law Property Law Formation of Contract Missives of Sale Qualified Acceptance Counter Offer Waiver of Contractual Conditions

Case Brief

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Parties

William Findlater and Mrs Findlater

Pursuer

Bashir Ahmed Maan

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal to Court of Session (inner House)

Legal Issues

  1. 1 Whether a valid contract was concluded for the sale of 20 Sherbrooke Avenue, Glasgow
  2. 2 Whether the correspondence between parties constituted offer, counter-offer, and acceptance
  3. 3 Whether a party can unilaterally withdraw a counter-offer or waive a condition in their own favour

Ratio Decidendi

The Court held that the correspondence resulted in two co-existing offers, and it was open to the pursuers to accept the defender's offer of 30th March 1988 and withdraw their own counter-offer of 29th March 1988. This withdrawal did not require the defender's consent, as the condition was solely in the pursuers' interest. Consensus in idem was achieved, and a valid contract was concluded for the sale of the property.

Court Disposition

appeal refused

Orders

  • Sheriff principal's interlocutor affirmed
  • Valid contract for sale of 20 Sherbrooke Avenue, Glasgow declared