Agency - 1992

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This page lists 3 cases, and was prepared on 15 November 2008.

Peter Yates -v- Bullock [1992] EGLR 24
1992	Agency, Contract	Casemap 1 Citers
	Whether an introduction of a purchaser by an estate agent to the vendor was the "effective cause" of the transaction which ultimately takes place must be resolved by an examination of the facts as a whole.

Verderame -v- Commercial Union Assurance Co Plc [1992] BCLC 793; Times, 02 April 1992
2 Apr 1992 CA Balcombe LJ	Agency, Insurance, Company, Contract, Negligence, Damages	Casemap 1 Cites 1 Citers
	The insurance brokers, acting to arrange insurance for a small private limited company did not owe a duty in tort to the directors of that company personally. Where an action was brought in a tort and in breach of contract, damages could not be awarded on the tort where they were not available in contract.

Kelly -v- Cooper and Another [1993] AC 205
25 Nov 1992 PC Lord Browne-Wilkinson	Contract, Agency	Casemap 1 Cites 1 Citers
	Estate agents have no duty to disclose the details of another sale to their client. The existence and scope of the duties of an agent, fiduciary and otherwise, depend on the terms on which they are acting. The court was able to imply into an express contract of agency a term entitling an estate agent to act for numerous other competing principals selling similar properties and to keep confidential information received from each principal. It was known to the principal that the estate agent would be so acting in the course of its business. The effect of the implied term was to modify the normally strict fiduciary duties owed by an agent to the principal not to put himself into a position where his duty and interest conflicted, not to profit from his position (for example, by earning commissions from selling properties for rival principals) and to make disclosure of confidential information to the principal.