The parties disputed whether the defendant company had effectively executed a contract for the sale of land. Two authorised signatories of the company had signed it, but there was no wording to attribute their acts to the company.
Held: The defendant’s appeal against a finding that it had executed the agreement failed. The words in subsection (2) must be read so as to add to the sense otherwise of the section, however there need not be in addition to the signatures of the individuals who are the authorised signatories, words spelling out that those signatures are ‘by or on behalf of’ the company.
Mummry, Hughes, Black LJJ
[2011] EWCA Civ 466
Bailii
Companies Act 2006 44(4), Law of Property (Miscellaneous Provisions) Act 1989 2
England and Wales
Citing:
Cited – Lovett and Another v Carson Country Homes Ltd and Others ChD 1-May-2009
The applicant said that a signature on a debenture purporting to be his was a forgery. It was argued that the section was capable of validating the signature even if it was a forgery.
Held: The appointment of the administrators under the deed . .
Cited – Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd CA 30-Mar-2010
The tenants gave a notice seeking to exercise their right to acquire the freehold building. The landlord challenged the validity of the notice saying that for a company tenant, the notice had been signed only by a director using his own name with . .
Lists of cited by and citing cases may be incomplete.
Company, Land, Contract
Updated: 10 November 2021; Ref: scu.432926
