Siu Yin Kwan and Another v Eastern Insurance Company Ltd (The Barquentine Osprey)

JurisdictionUK Non-devolved
Judgment Date09 December 1993
Date09 December 1993
CourtPrivy Council

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78 cases
  • Magellan Spirit Aps v Vitol Sa "magellan Spirit"
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 4 March 2016
    ...have been succinctly summarised by Lord Lloyd giving the judgment of the Privy Council in Siu Yin Kwan v Eastern Insurance Co Ltd [1994] 2 AC 199 at 207: "(1) An undisclosed principal may sue and be sued on a contract made by an agent on his behalf, acting within the scope of his actual au......
  • Banca Nazionale del Lavoro SPA v Playboy Club London Ltd and Others
    • United Kingdom
    • Supreme Court
    • 26 July 2018
    ...contractual relations with some one with whom he has no factual relationship at all. As Lord Lloyd of Berwick observed in Siu Yin Kwan v Eastern Insurance Co Ltd [1994] 2 AC 199, 207F-G, the doctrine “runs counter to fundamental principles of privity of contract”. Such a relationship is by ......
  • Seah Boon Lock v Family Food Court
    • Singapore
    • High Court (Singapore)
    • 25 May 2007
    ...Petersen v Moloney (1951) 84 CLR 91 (refd) Radford v De Froberville [1977] 1 WLR 1262 (refd) Siu Yin Kwan v Eastern Insurance Co Ltd [1994] 2 AC 199 (folld) St Martins Property Corporation Ltd v Sir Robert McAlpine Ltd [1994] 1 AC 85 (folld) Civil Law Act (Cap 43,1999 Rev Ed)s 6 (d) (consd)......
  • Novasen SA v Alimenta SA
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 19 January 2011
    ...undisclosed principal as it affects this case is summarised in the following passages from Lord Lloyd 's opinion in Siu Yin Kwan v Eastern Insurance Ltd [1994] 2 AC 199, 209 "The main features of the law relating to an undisclosed principal have been settled since at least at the end of the......
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4 books & journal articles
  • Contract formation
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...Young. 395 Maynegrain Pty Ltd v Compaina Bank [1982] 2 NSWLR 141 at 149–150, per Hope JA; Siu Yin Kwan v Eastern Insurance Co Ltd [1994] 2 AC 199 at 207 (PC); Alfred McAlpine Construction Ltd v Forum Architects [2002] BLR 378 at 390 [28], per HHJ LLoyd QC; Rolls-Royce Power Engineering plc ......
  • Insurance Law Reform by Degrees: Late Payment and Insurable Interest
    • United Kingdom
    • Wiley The Modern Law Review No. 80-3, May 2017
    • 1 May 2017
    ... ... provisions could be brought forward in another legislative instrument in the future, see n 21 ... 47 and Macaura v Northern Assurance Company 48 that in relation to property insurance, an ... 1774, s 1 (but unlikely following Siu Yin Kwan v Eastern Insurance Co Ltd [1994] 2 AC 199 (PC ... ...
  • Implied Terms in Undisclosed Agency
    • United Kingdom
    • Wiley The Modern Law Review No. 84-3, May 2021
    • 1 May 2021
    ...All remainingerrors are mine alone.1 The leading statement of the doctr ine can be found in Siu Yin Kwan vEastern Insurance Co Ltd[1994] 2 AC 199 (Siu Yin Kwan), 277, and see also Amer ican Law Institute, Restatement of theLaw Third,Agency (St Paul, MN: American Law Institute Publishers, 20......
  • INSURANCE IN A BAILMENT
    • Singapore
    • Singapore Academy of Law Journal No. 1995, December 1995
    • 1 December 1995
    ...This is consistent with the view taken by the Privy Council on appeal from Hong Kong (Siu Yin Kwan v Eastern Insurance Co Ltd[1994] 1 All ER 213) that the UK Life Assurance Act 1774 Act (which is similar to s.61A) did not apply to indemnity insurance. 4 Life and personal accident insurances......