Breach of Warranty of Authority in UK Law

Leading Cases
  • Skylight Maritime SA v Ascot Underwriting and Others
    • Queen's Bench Division (Commercial Court)
    • 18 Jan 2005

    It is important not to lose sight of the fact that the relevant breach of warranty is the non-existence of the authority that was warranted. Therefore, the opposite party or promisee has lost the benefit of the position he would have been in had the warranty been true. In other words, the court is concerned to quantify what benefit has been lost by reason of the fact that the supposed client is not after all a party to the proceedings.

  • Knight Frank LLP v Aston Du Haney
    • Court of Appeal (Civil Division)
    • 12 Apr 2011

    In my view the dispute can in fact be resolved without reference to the further findings made by the judge as to the state of mind of Mr Mackay and the Respondent. The Respondent made it very clear that he was acting as agent only. The Respondent did not contract as a principal in his own right. The Respondent warranted that he was acting on behalf of the entity that was negotiating to purchase the site. As appears hereafter he was, or at any rate there is no reason to believe that he was not.

  • Doyle v Olby (Ironmongers) Ltd
    • Court of Appeal (Civil Division)
    • 31 Jan 1969

    In contract, the damages are limited to what may reasonably be supposed to have been in this contemplation of the parties. The defendant is bound to make reparation for all the actual damages directly flowing from the fraudulent inducement. All such damages can be recovered: and it does not lie in the mouth of the fraudulent person to say that they could not reasonably have been foreseen.

    The proper starting point for any Courtdefrauded person is to compare his position before the representation was made to him with his position after it, brought about by that representation, always bearing in mind that no element in the consequential position can be regarded as attributable loss and damage if it be too remote a consequence: it will be too remote not necessarily because it was not contemplated by the representor but in any case where the person deceived has not himself behaved with reasonable prudence, reasonable common sense or can in any true sense be said to have been the author of his own misfortune.

  • Penn v Bristol & West Building Society
    • Court of Appeal (Civil Division)
    • 16 Apr 1997

    Of course there is no issue that to establish a warranty of authority as with any other collateral warranty there must be proved a contract under which a promise is made either expressly or by implication to the promisee, for which promise the promisee provides consideration.

  • Owners of the Sardinia Sulcis v Owners of the Al Tawwab (The Al Tawwab)
    • Court of Appeal (Civil Division)
    • 08 Nov 1990

    In all these cases it was possible to identify the intending plaintiff or intended defendant by reference to a description which was more or less specific to the particular case. Thus if, in the case of an intended defendant, the plaintiff gets the right description but the wrong name, there is unlikely to be any doubt as to the identity of the person intended to be sued. But if he gets the wrong description, it will be otherwise.

  • Nelson v Nelson
    • Court of Appeal (Civil Division)
    • 06 Dec 1997

    Prima facie his authority is to bring the proceedings in the name of the client and I do not see that he warrants more than that he has a retainer from the client who exists and has authorised the proceedings and against whom a costs order can be made. He does not warrant that the client has a good cause of action or that the client is solvent.

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Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • January 01, 2015
    ...... Parliament assembled, and by the authority of the same, as follows:- . 1 . Consumer ... a consumer's rights if the trader is in breach of a term that this section requires to be ... 11 (when condition to be treated as warranty), after subsection (4) insert- . . "(4A) ......
  • Insurance Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... Parliament assembled, and by the authority of the same, as follows:- . 1 . Insurance ... S-8 . Remedies for breach 8 Remedies for breach . (1) The insurer has a ... is not capable of being converted into a warranty by means of any provision of the non-consumer ......
  • Supply of Goods (Implied Terms) Act 1973
    • UK Non-devolved
    • January 01, 1973
    ...... Parliament assembled, and by the authority of the same, as follows:— . Sale of Goods . ... .   . ( b . ) an implied warranty that the goods are free,. and will remain free ...any liability of the seller for breach of a condition. or warranty implied by any ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • January 01, 1979
    ......assembled, and by the authority of the same, as follows:— . I . Contracts to ... When condition to be treated as warranty. 11 When condition to be treated as warranty. . ...may elect to treat the breach of the condition as a breach of. warranty and not ......
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Books & Journal Articles
  • What Price Auctions Without Reserve?
    • Nbr. 64-3, May 2001
    • The Modern Law Review
    ...... could recover against the auctioneer for breach of a collateral contract to sell without reserve. ..., the tenderer could sue on a collateral warranty that complying tenders would be considered. 14 ... is an action for breach of warranty of authority, which arises on a collateral contract. 15 This ......
  • A Note on the Revivification of a Dissolved Foreign Corporation
    • Nbr. 15-4, October 1952
    • The Modern Law Review
    ...... themselves liable to an action for breach of warranty of authority at the suit ......
  • THE CAPACITY OF AN INFANT TO APPOINT AN AGENT
    • Nbr. 18-5, September 1955
    • The Modern Law Review
    ...... neither case is to be taken as authority for his proposi- tion that no infant can ...breach of an agreement whereby Shears was to be ... disadvantage of an infant, as a warranty of attorney, it is absolutely void. If ......
  • Authority and Necessity in the Law of Agency
    • Nbr. 55-3, May 1992
    • The Modern Law Review
    ...... and allowing the latter only recourse to the agent for breach of warranty of authority. Although this would appear unacceptable ......
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Law Firm Commentaries
  • Determining Liability After Property Fraud
    • Mondaq UK
    ...... liable as they had not given an express warranty as to the identity of the seller. It also refused ... gives a useful insight on warranties of authority and their application to solicitors and estate ...This article focusses on P&P's claim for breach of warranty of authority and negligence. The ......
  • Solicitors Liable In Linked Dreamvar And P&P Appeals
    • Mondaq UK
    ...... of innocent purchasers on the basis of breach of trust, breach of undertaking and, potentially, for breach of warranty of authority.    . Solicitors representing ......
  • Court Of Appeal Dreamvar And P&P
    • Mondaq UK
    ...... the seller's solicitor, Mary Monson, for breach of trust, breach of undertaking (as stipulated by ... by Post (the Code)), breach of warranty of authority and also negligence (which Dreamvar ......
  • Court of Appeal Dreamvar and P&P
    • JD Supra United Kingdom
    When a villain impersonates a property owner and runs off with the purchase money, which honest party should be liable for the loss: the true owner of the property, the seller's solicitor, the esta...
    ...... the seller's solicitor, Mary Monson, for breach of trust, breach of undertaking (as stipulated by ... by Post (the Code)), breach of warranty of authority and also negligence (which Dreamvar ......
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