Thomas Park and Another
Thomas Park and Another
- 2009
[2009] CSOH 122, 25 August 2009. Concerns a case where the tenants of a restaurant (P) thought they had concluded missives for the sale of their leasehold interest on 31 August 2007. However a third party had meanwhile obtained an inhibition stopping this which was effective from midnight on 31 August 2007. The missives were made up of an offer dated 2 August 2007, a qualified acceptance faxed on the afternoon of 31 August by P's solicitor, and a concluding letter faxed on 31 August by the buyer's solicitor. "Held": the fax transmissions of the qualified acceptance and the final acceptance on 31 August 2007 were insufficient for the conclusion of missives on that date, and the postal acceptance rule did not apply to the qualified acceptance. It was therefore found that missives were not concluded on 31 August 2007.
THOMAS PARK AND ANOTHER
Scotland--1999-
[2009] CSOH 122, 25 August 2009. Concerns a case where the tenants of a restaurant (P) thought they had concluded missives for the sale of their leasehold interest on 31 August 2007. However a third party had meanwhile obtained an inhibition stopping this which was effective from midnight on 31 August 2007. The missives were made up of an offer dated 2 August 2007, a qualified acceptance faxed on the afternoon of 31 August by P's solicitor, and a concluding letter faxed on 31 August by the buyer's solicitor. "Held": the fax transmissions of the qualified acceptance and the final acceptance on 31 August 2007 were insufficient for the conclusion of missives on that date, and the postal acceptance rule did not apply to the qualified acceptance. It was therefore found that missives were not concluded on 31 August 2007.
THOMAS PARK AND ANOTHER
Scotland--1999-