swarb.co.uk - law index
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Agency - From: 1960 To: 1969
This page lists 12 cases, and was prepared on 02 April 2018.
Midland Silicones Ltd v Scruttons Ltd [1961] 1 QB 106
1960
CA
Hodson LJ
Contract, Agency
1 Cites
1 Citers
Hilton v Thomas Burton (Rhodes) Ltd [1961] 1 WLR 705
1961
Diplock J
Vicarious Liability, Agency
1 Citers
Midland Silicones Ltd v Scruttons Ltd [1962] AC 446; [1961] UKHL 4
6 Dec 1961
HL
Viscount Simonds, Lord Reid
Agency, Contract
The defendant stevedores, engaged by the carrier, negligently damaged a drum containing chemicals. When the cargo-owners sued in tort, the stevedores unsuccessfully attempted to rely on a limitation clause contained in the bill of lading between the carriers and the cargo-owners. Held: The House was not prepared to hold that the principle of vicarious immunity was as in the ratio of Elder, Dempster. The court described four conditions for establishing that a contract was made as agent for a third party who could thus take benefit, namely: Was the third party intended to benefit from the contractual term, whether it was clear that the contracting party was also contracting as agent for the third party, whether he had authority so to do, and whether any difficulty with consideration was overcome.
As to the doctrine of privity of contract, Viscount Simonds said: "[H]eterodoxy, or, as some might say, heresy, is not the more attractive because it is dignified by the name of reform. . . . If the principle of jus quaesitum tertio is to be introduced into our law, it must be done by Parliament after a due consideration of its merits and demerits. I should not be prepared to give it my support without a greater knowledge than I at present possess of its operation in other systems of law."
1 Cites
1 Citers
[ Bailii ]
Freeman and Lockyer v Buckhurst Park Properties; CA 1964 - [1964] 2 QB 480
Mercantile Credit Co Ltd v Hamblin [1965] 2 QB 242; [1964] 1 WLR 423
1964
CA
Pearson LJ
Contract, Agency
Pearson LJ said: "There is no rule of law that in a hire purchase transaction the dealer never is, or always is, acting as agent for the finance company or as agent for the customer.Nevertheless, the dealer is to some extent an intermediary between the customer and the finance company, and he may well have in a particular case some ad hoc agencies to do particular things on behalf of one or the other or, it may be, both of those two parties." and "In a typical hire purchase transaction the dealer is a party in his own right, selling his car to the finance company, and he is acting primarily on his own behalf and not as general agent for either of the other two parties. There is no need to attribute to him an agency in order to account for his participation in the transaction. Nevertheless the dealer is to some extent an intermediary between the customer and the finance company, and he may well have in a particular case some ad-hoc agencies to do particular things on behalf of one or other or it may be both of those two parties."
An advocate should draw the attention of the court to the fact that an act relied on by a party is unlawful, if that is the case.
1 Citers
Phipps v Boardman [1964] 1 WLR 993
1964
ChD
Wilberforce J
Equity, Agency
Agents of certain trustees had purchased shares, in circumstances where they only had that opportunity because they were agents. Held: The shares were held beneficially for the trust.
1 Citers
Morris v C W Martin and Sons Ltd; CA 1965 - [1966] 1 QB 716; [1965] 3 WLR 276; [1965] 2 Lloyds Rep 63; [1965] 2 All ER 725
Morris v CW Martin Ltd [1966] 1 QB 716
1966
CA
Diplock LJ, Lord Denning MR
Contract, Agency
Diplock LJ said: "The legal relationship of bailor and bailee of a chattel can exist independently of any contract." Where goods are lost or damaged, the burden is on the bailee (or sub-bailee) to "show - that the loss or damage caused without any neglect or default or misconduct of himself or of any of the servants to whom he delegated his duty."
1 Citers
Garnac Grain Co Inc v HMF Faure and Fairclough; PC 1967 - [1967] 2 All ER 353; [1968] AC 1130; [1967] 3 WLR 143
Harmond Properties Ltd v Gajdzis [1968] 1 WLR 1858
1968
CA
Landlord and Tenant, Agency
The County Court decided that a notice to quit given to a tenant by a director of the landlord company in his own name was valid. Held: The decision was correct. The director had carried out the letting and acted as if he were the landlord in every way. He was held to have been the general agent of the landlord.
1 Citers
Blake and Co. v Sohn [1969] 3 All ER 123
1969
Nield J
Contract, Agency
The defendant had falsely represented to their estate agents that they had been in undisputed exclusive possession of part of the land to be sold for 20 years and were able to prove title for the land. In fact, there was a long running dispute about title to the land. Contracts were exchanged but the sale could not be completed because of the vendors' inability to complete the purchase. The purchaser successfully sued for rescission of the contract, whereupon the estate agents sued for their commission or damages. The estate agents contended, inter alia, that there was an implied term in the agreement between themselves and the vendors to the effect that the vendors had and would make out a good title to the property. Held: Nield J rejected the contention. There was no justification for implying such a term. The representation as to undisputed possession did not amount to fraud.
1 Citers
Branwhite v Worcester Works Finance Ltd; HL 1969 - [1969] 1 AC 552
