A contract had been made but one of the parties was not yet incorporated. The court was asked whether it was deemed to have been made with the signatory.
Held: For section 36C(1), a ‘contrary agreement’ would be established if the parties, looking at the matter objectively, had intended that the contract would not have effect as having been made with the ‘agent’.
Kliein QC HHJ
[2015] EWHC 1890 (Ch), [2015] WLR(D) 290, [2016] 1 WLR 942, [2015] BCC 647
Bailii, WLRD
Companies Act 1985 36C(1)
England and Wales
Citing:
Cited – Braymist Limited and Others v Wise Finance Company Limited CA 20-Feb-2002
The claimant company set out to sell land whilst it was still only in the process of incorporation. Its solicitors had signed as agents, and now sought an order for the purchaser to complete the contract. The respondent had not known of the . .
Cited – Phonogram Ltd v Lane CA 1982
A collateral contract was entered into with a company which had not then been incorporated under which an advance by Phonogram to support an intended new pop group was repayable by the company if a recording contract was not entered into within one . .
Lists of cited by and citing cases may be incomplete.
Company, Contract
Updated: 02 January 2022; Ref: scu.550339