000			01602cab a2200253 4500
001			A160
008			090401t1992 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u27359
041			_aeng
245			_aHamilton v Wakefield
260			_c1992
350			_a0
490			_aScottish Civil Law Reports _v1992 SCLR 740-745(6)
520			_aSheriff Court Aberdeen 29 May 1992. At auction in London the defender`s (D) bid for the superiority of Applebank, Old Aberdeen was accepted. D`s cheques for the deposit and buyer`s premium were accepted by the pursuer`s (P) English agents. The special conditions of sale included a clause to the effect that the proper law of the contract was Scots law. D instructed Scottish solicitors who drafted a disposition forwarded to P`s solicitors. Subsequently D`s solicitors wrote to P`s solicitors to the effect that there was no contract in Scots law for the purchase of the heritable property and sought repayment of the sums paid. Held, that a valid contract to transfer Scottish heritage was created in London at the auction in accordance with English law; that, the proper law of contract being by agreement Scots law, the contract to transfer was a binding legal obligation from which D could not resile without penalty; and proof before answer allowed so that P could prove that the contract to
650			_aCONTRACT
650			_aAuctioneering _96218
650			_aPROPERTY SALES
650			_aRIGHT TO RESILE
650			_aSCOTLAND
650			_aSCOTS LAW
690			_aPLANNING LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c18410 _d18410