Commercial Law. Where are the appeals?? Watch

Badges: 0
Report Thread starter 2 years ago
Hey guys, im studying Scots law and i have a tutorial question that i'm beyond stuck on and would really appreciate any help anyone could offer. The question is regarding what 2 forms of appeal could be argued in the present case, and how would one counter. Im only looking to see if anyone can see another form of appeal present other than the decision of apparent authority. The question is as follows

On 24th March 2011 Edward entered into Missives with Gordon for the purchase of Gordon’s property which included land and buildings at 26 Manse Road, Edinburgh at the price of £6m. The contract was conditional on Gordon carrying out certain work to the buildings prior to entry being taken by Edward.
The date of entry was to be four weeks following the date of practical completion of the demolition and reconstruction of various parts of the building. “or such other date as may be mutually agreed”. For the avoidance of doubt the date was to be as agreed between Edward and Gordon.
Rhona worked as a surveyor for Surveysrus Ltd a company in which Edward owned 69% of the shares. She had been authorised to act as Project Supervisor in the works and to instruct Gordon to carry out the various works and had represented Edwards interests throughout the development.
By mid June, Gordon was satisfied that the works were practically complete and Gordon notified Edward of the same, requesting they have an inspection meeting to obtain practical completion. Rhona attended this meeting but agreement was not reached.
On 26th July, a further certificate of Practical completion was issued by Gordon’s developers, attaching a list of certain works still to be completed and at a later date after these remedial works were finished Rhona accepted that practical completion had been achieved and signed a
document to that effect. The date of entry per the missives therefore was 6th September.
Edward did not make payment of the purchase price on 6th September or any other date.
Gordon raised this action against Edward for non-payment on the grounds that Rhona was Edward’s agent and had therefore bound him into a valid contract, which he had breached by non-payment.
Held Although Rhona may not have had Actual Authority she had Edward’s ostensible authority to deal with Gordon as she did and consequently, Edward was liable for the breach of Missives and was ordered to pay Gordon the full purchase price plus interest and any costs associated therewithin

Sorry for the bulky post, but any help would be appreciated. Thanks!

Quick Reply

Attached files
Write a reply...
new posts

All the exam results help you need


people online now


students helped last year
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.


University open days

  • Keele University
    Undergraduate Open Day Undergraduate
    Sun, 18 Aug '19
  • Sheffield Hallam University
    Clearing open day Undergraduate
    Tue, 20 Aug '19
  • Bournemouth University
    Clearing Open Day Undergraduate
    Wed, 21 Aug '19

Are you going to self-release into Clearing?

Yes I've pressed the button (75)
No I'm happy with my uni offer (280)
Not yet but I am planning to (21)
Not yet but I might (58)

Watched Threads

View All