Gray v University of Edinburgh [1962] ScotCS CSIH_1 (01 March 1962)

Gray v University of Edinburgh [1962] ScotCS CSIH_1 (01 March 1962)

No binding contract of lease was formed because there was no agreement on rent or duration, and no possession was given or taken. The law does not infer a lease for a year in the absence of consensus on essential elements and possession.

Citation
[1962] ScotCS CSIH_1
Parties
Pursuer: Gray; Defender: University of Edinburgh
Jurisdiction
Scotland
Judgment Date
01 March 1962
Procedural Posture
Civil / Appeal
Outcome
action dismissed
Legal Topics
Formation of Lease, Consensus in Idem, Essential Elements of Lease, Duration of Lease, Agreement on Rent
Landlord and Tenant Contract Law Formation of Lease Consensus in Idem Essential Elements of Lease Duration of Lease Agreement on Rent

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Parties

Gray

Pursuer

University of Edinburgh

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether a binding contract of lease was formed without agreement on rent and duration
  2. 2 Whether the law will infer a lease for a year where no duration is agreed
  3. 3 Whether possession is necessary for implication of lease duration

Ratio Decidendi

No binding contract of lease was formed because there was no agreement on rent or duration, and no possession was given or taken. The law does not infer a lease for a year in the absence of consensus on essential elements and possession.

Court Disposition

action dismissed

Orders

  • Dismissal of pursuers' alternative or secondary case
  • Dismissal quoad the third, fourth and fifth craves of the writ