Source: All England Reporter
Publisher Citation: [2010] All ER (D) 290 (Nov)
Neutral Citation: [2010] EWHC 3058 (Ch)
Court: Chancery Division
Judge:

Vos J
Representation John Martin QC and Richard Edwards (instructed by Fladgate LLP) for the claimant.
  Charles Flint QC and Elizabeth Weaver (instructed by Withers LLP) for the defendant.
Judgment Dates: 26 November 2010

Catchwords

Agent - Authority - Ostensible authority - Claimant selling drawing attributed to Leonardo da Vinci - Claimant engaging third party agent to negotiate sale - Third party engaging defendant art dealer company to find buyer - Defendant agreeing sale price with buyer of US$7m - Defendant keeping US$1m as commission - Whether claimant had authorised terms of transaction - Whether defendant required to seek authority from claimant to make contract on such terms - Whether claimant ratifying contract between defendant and buyer - Whether defendant would be required to account to claimant under restitution.

The Case

Agent Authority. The Chancery Division of the High Court ruled that the defendant art dealer company was not able to keep the commission it obtained on the sale of a drawing attributed Leonardo da Vinci as the agreement it had made with the buyer had not been authorised by the seller, and it was inequitable that it should be entitled to take such a large commission without the express authority of the seller.

Practice Areas

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