Bogie (t/a Oakbank Services) v Forestry Commission [2001] ScotCS 267 (23 November 2001)

Bogie (t/a Oakbank Services) v Forestry Commission [2001] ScotCS 267 (23 November 2001)

There was no binding contract for an option to purchase because the parties failed to reach consensus in idem on the essential elements: (a) the subjects of sale were not sufficiently identified, and (b) the consideration to be paid upon exercise of the option was indeterminate.

Citation
[2001] ScotCS 267
Parties
Pursuer: John Bogie, trading as Oakbank Services; Defender: The Forestry Commission
Jurisdiction
Scotland
Judgment Date
23 November 2001
Procedural Posture
Civil / First Instance Judgment
Outcome
action dismissed; decree of absolvitor for defenders
Legal Topics
Option to Purchase, Consensus in Idem, Sale of Heritable Property, Essential Elements of Contract
Contract Law Property Law Option to Purchase Consensus in Idem Sale of Heritable Property Essential Elements of Contract

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Parties

John Bogie, trading as Oakbank Services

Pursuer

The Forestry Commission

Defender

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether there was consensus in idem on all essential elements for a binding option to purchase heritable property
  2. 2 Whether the subjects of sale and price were sufficiently identified to constitute a concluded contract

Ratio Decidendi

There was no binding contract for an option to purchase because the parties failed to reach consensus in idem on the essential elements: (a) the subjects of sale were not sufficiently identified, and (b) the consideration to be paid upon exercise of the option was indeterminate.

Court Disposition

action dismissed; decree of absolvitor for defenders

Orders

  • Sustain defenders' second and third pleas-in-law
  • Repel pursuer's first plea-in-law