(Court of Session Inner House Second Division) Agent and Principal – Title of Agent to Sue – -Reduction of Contract by One who is not Himself a Party to it.
Held (rev. judgment of Lord Kinnear) that title to sue for reduction of a contract on the ground that it had been induced by fraud was not limited to the parties thereto, but extended to the agent of one of them who had been found liable, on the ground that he had acted in excess of the authority given him, to relieve his principal of an action at the instance of the other party to the contract, and founded upon it.
Lord Rutherfurd Clark dissented and held that not being a party to the contract the agent had no title to sue for reduction of it.
Lord Young Lord Rutherfurd Clark
[1882] SLR 20 – 249
Bailii
Scotland
Updated: 31 July 2021; Ref: scu.579374
