Boston deep sea fishing Co v Fareham Principle: Illustration that principal must have CAPACITY to enter into the contract, both at the time of the transaction itself AND at the date of ratification. I.e. the principal must himself have been LEGALLY...
Newborne v Sensolid (Great Britain) ltd (1953) Summary of Facts: Company – pre-incorporation contract – he signed on behalf of the company name Ltd – but not yet incorporated. Judgment: He could not sue on this contract since he did not...
Kelner v Baxter (1866) Principle: a UK company law case, concerning pre incorporation contracts. Summary of Facts: An agent entered into a written contract on behalf of a company not yet incorporated. He signed it as him acting as an ‘agent’...
Pole v Leask (1863) .All ER 535 Facts: Agent had acted as an agent for principal in transactions with Leask for a number of years. Then principal terminated the agency but agent continued to act as if he were agent and...
Labinjo v Abake Principle: Capacity of Infants to Contract Summary of Facts: A Nigerian adult sued to recover from the defendant, a Nigerian girl, the balance due to the plaintiff for the goods sold and delivered to the defendant. On appeal...
Imperial Loan Co. V Stone [1892] 1 Q.B. 599 Principle: A failure to prove that the said person is of unsound mind will mean that the contract is valid. The contract therefore cannot be made void. Where a defendant in an...
Moulton v Camroux [1849] 4 Exch 17 Principle: Pollock CB gave an explicit caveat that the Court was “not disposed to lay down so general a proposition, as that all executed contracts bona fide entered into must be taken as valid,...
Drew v Nunn [1879] Principle: The supervening mental incapacity of a principal has the effect of terminating the actual authority of his agent: ‘The actual authority of an agent whether conferred by deed or not and whether expressed to be irrevocable...
Churchill & Sim v Goddard [1936] Summary of Facts: The case was brought by a London firm of Timber brokers. The plaintiffs (Churchill & Sim) who as del Credere agents for a Finish firm of Timber exporters, had paid into a...
Thomas Gabriel & Sons v Churchill & Sim [1914] Summary of Facts: This was a case where a vendor sued the del credere agent to recover the amount claimed by him under a contract as to which there were disputes between...
