Ogunsusi v Lukan [1968] Summary of Facts and Judgment: The appellant was the defendant in the High Court of the Western State in Ibadan where he was sued by the present respondent for a sum of 250 pounds being general and...
Watson v Davies Summary of Facts: A contract was made EXPLICITLY subject to ratification within a particular time limit. Judgment: Ratification after the time limit was ineffective, as the time limit had been agreed explicitly. Hey There, you’re welcome once again...
Presentaciones Musicales SA v Secunda (1994) Summary of Facts: Here, an English law firm issued a writ against the defendants for breach of copyright, on behalf of a Panamanian company. English firm not authorized to do this. Company had been acquired...
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,...
