The court was asked whether an agent, who in the course of making a contract with a third party misrepresents the name of his principal, attracts either liability for breach of warranty of authority or personal liability on the contract in circumstances where the principal is nonetheless identified and his correct name capable of being established.
Held: The appeal failed. The judge’s findings made it clear that the claimant had not acted as principal but as agent.
Judges:
Lloyd, Wilson, Tomlinson LJJ
Citations:
[2011] EWCA Civ 404
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hersom v Bernett 1954
The defendant had sold stolen goods to the plaintiff, saying that he acted as agent only for an undisclosed principal. The plaintiff had had to return the goods to the true owner. The court rejected the defendant’s assertion as to who was the true . .
Lists of cited by and citing cases may be incomplete.
Agency
Updated: 06 September 2022; Ref: scu.432648
