MISSIVES

Question 1

what are the sections for the essay

Answer 1

1- what is a missive
2- the 3p’s
3- the implied terms
4- breach of contracts

Question 2

what is a missive

Answer 2

personal obligation to sell and buy which are created in exchange of correspondence which is concluded by an acceptance

Question 3

what was the case prior to 1995

Answer 3

missives had to be witnessed or adopted as holograph to be valid and any defect could be cured by a personal bar, however now missives must be in writing and subscribed and witnessing is only optional

Question 4

how long does a missive last

Answer 4

in relation to the duration of a missive section 2 of the contracts (Scotland) act 1997 clarifies that missives are still valid in relation to all matters and can be sued upon however the missive itself can last indefinitely subject to prescription of rights

Question 5

what are the 3p’s

Answer 5

required to create a valid and binding missive of the sale of heritable property. The 3 P’s required are parties, property and price

Question 6

describe parties

Answer 6

they must be separate and clearly identified

Question 7

describe property

Answer 7

must be clearly identified however all that is required is that the reasonable man should be able to identify what is being contracted for the case to support this idea is Callander v midlothian district council however conflicting judgement comes from grant v Peter g gauld company

Question 8

describe price

Answer 8

it must be stated or alternatively calculated without the dependence of the agreement of the parties (Macleod’s executor v Barr’s trustees)

Question 9

what are the 4 commonly implied terms

Answer 9

1- the content of the deed to be granted by the seller shall be sold in the usual form (Corbett v Robertson)

2- to confer a good and marketable title

3- that there are no underlying onerous burdens (Anima v Daeja)

4- that the risk of destruction will fall on the purchaser immediately upon conclusion of the contract
(Sloans dairies v glasgow corporation)

Question 10

what are the two breaches of a missive

Answer 10

repudiation and rescission

Question 11

what is repudiation

Answer 11

where one party does not intend to fulfil their part in the contract so the other party is entitled to rescind, it can be an anticipatory or material breach

Question 12

what is rescission

Answer 12

where the innocent party treats the contract as at the end and is free of his obligations the leading case is Roger builders v fawdry where the ultimatum procedure was introduced.

Question 13

what remedies are available to an innocent party

Answer 13

damages for breach of contract 
specific implement (Ama (New Town) v Law and others)