The plaintiffs sued the defendant, a director of a warehousing company, for the negligent storage of perishable goods. The contract was between the plaintiff and the company.
Held: The director was personally liable, because he wrote to the customer, and rendered an invoice, creating the clear impression that he was personally answerable for the services. If he had chosen to write on company notepaper, and rendered an invoice on behalf of the company, the necessary factual foundation for finding an assumption of risk would have been absent.
Citations:
[1975] Q B 180
Jurisdiction:
England and Wales
Company
Updated: 06 December 2022; Ref: scu.180463