MULBERRY BANK AUCTIONS LTD AGAINST MR JOHN SAVAGE ONSTWEDDER [2019] ScotSC SC_98 (06 November 2019)

The court held that a binding contract was formed at the fall of the hammer and the defendant's failure to complete the purchase constituted a breach of contract.

Citation: [2019] ScotSC SC_98
Parties: Claimant: Mulberry Bank Auctions Ltd; Defendant: Mr John Savage Onstwedder
Jurisdiction: Scotland
Judgment Date: 06 November 2019
Procedural Posture: Civil / Judgment
Outcome: claim allowed
Legal Topics: Auction Sales, Breach of Contract

Contract Law Auction Sales Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Mulberry Bank Auctions Ltd

Claimant

Mr John Savage Onstwedder

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defendant is liable for breach of contract arising from an auction sale

Ratio Decidendi

The court held that a binding contract was formed at the fall of the hammer and the defendant's failure to complete the purchase constituted a breach of contract.

Court Disposition

claim allowed

Orders

Defendant to pay damages to claimant