The supervening mental incapacity of a principal has the effect of terminating the actual authority of his agent: ‘The actual authority of an agent whether conferred by deed or not and whether expressed to be irrevocable or not, is determined by the death or supervening mental incapacity of either the principal or the agent’. However, he may have continuing ostensible authority to bind the principal
Bramwell LJ expressed the view that only insanity amounting to dementia would suffice to annul the authority of an agent.
Judges:
Brett, Bramwell LJJ
Citations:
(1879) 4 QBD 661, (1879 40 LT 671, (1879 48 LJQB 59
Jurisdiction:
England and Wales
Cited by:
Cited – Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust CA 27-Jan-2015
This case concerns a claimant with fluctuating capacity to conduct legal proceedings. At a time when she had capacity, she retained a firm of solicitors under a conditional fee agreement. The issue was whether the CFA terminated automatically by . .
Lists of cited by and citing cases may be incomplete.
Contract, Agency, Health
Updated: 04 May 2022; Ref: scu.542244