Source: All England Reporter
Publisher Citation: [2002] All ER (D) 31 (Nov)
Neutral Citation: [2002] EWCA Civ 1569
Court: Court of Appeal, Civil Division
Judge:

Chadwick and Longmore LJJ

Representation Andrew Fletcher (instructed by Morgan Cole) for the claimant.
  David Waksman QC (instructed by Pinsent Curtis Biddle, Leeds) for the defendant.
Judgment Dates: 5 November 2002

Catchwords

Contract - Authority to enter into contract - Ostensible authority - Contract entered into by defendant's employee - Authority of employee to bind defendant.

The Case

In general terms, if a buyer put forward his employees as being persons with whom a seller could contract, and the buyer subsequently performs those contracts so made, those employees would be regarded as ostensibly authorised to make further contracts. On the facts of the instant case, a contract made by an employee of the defendant with the claimant was binding on the defendant where that employee had previously signed contracts with the claimant which had been performed.

Practice Areas

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