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[hardin]

I have run a business selling vintage second hand cars for many years. One of his best customers is Anne, who has a particular interest in Triumph Spitfires. At the beginning of January Anne asked men to try and obtain a Spitfire in good working condition. She advised me that she was going on holiday to Blackpool but that she would definitely be back on the 20st Feb and would let me know if she hadn’t returned by then. Towards the beginning of feb, I acquired a Triumph Spitfire 1500. I thought that it would be of interest to Anne.
On 20th feb I contacted her by her land line. I was put through to her answering machine so I left a message which simply said: “It’s Ashley here. I have a 1981 Triumph Spitfire 1500 which I’d be willing to let you have for not less than £8,000 for a quick sale. Give me a call to confirm.”

I waited for a couple of days and as I had heard nothing from Anne, I telephoned a second time. Again I was put through to the answer machine. I didn't leave a message.

We had a contract yes, but has it broken due to Anne not calling me on the 20th feb as she said she would. I have done everything i can to get through to her. Has she breached the contract, can i sell this car now?

Im in scotland, so the law of scots would be helpful.

[torin7]

In Scots Law a verbal contract is legally binding, but it can be very difficult to prove that such a contract took place. Usually it requires witnesses or recordings to become binding. However, unless the contract actually involved an agreement to buy the car, there is little you can do. The damages awarded to you for her not calling you would be so small that it would not be worth bringing action in the first place.

In my (amateur) opinion, unless you have proof of a verbal contract between you involving an agreement to buy the car, it is doubtful that you have a case.