Agency - 1994

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This page lists 7 cases, and was prepared on 27 October 2012.

Bailey -v- De Kerangot and Others
10 Jan 1994 CA	Agency
	Use of inexact name of principal made agent personally liable on contract.

Presentaciones Musicales Sa -v- Secunda and Another
12 Jan 1994 CA	Agency
	The adoption by a plaintiff of proceedings issued without his authorisation by his solicitor was acceptable where this occurred within the appropriate limitation period.

McCullagh -v- Lane Fox and Partners Ltd
25 Jan 1994 QBD	Professional Negligence, Negligence, Agency	Casemap 1 Cites 1 Citers
	A vendor's estate agent was liable for a negligent misrepresentation to a party proceeding with a purchase relying upon what had been said, and without his own survey.

Owners of Cargo On K H Enterprise -v- Owners of Pioneer Container Times, 29 March 1994; [1994] 2 AC 324
29 Mar 1994 PC Lord Goff	Transport, Commonwealth, Contract, Agency	Casemap
	Owners who were claiming under a bailment must accept the terms of a sub-bailment to which it had agreed. This result is both principled and just. A sub-bailee can only be said for these purposes to have voluntarily taken into his possession the goods of another if he has sufficient notice that a person other than a bailee is interested in the goods so that it can properly be said that (in addition to his duties to the bailee) he has, by taking the goods into his custody, assumed towards that other person the responsibility for the goods which is characteristic of a bailee. This they believe to be the underlying principle. Where an exclusive jurisdiction clause exists, a party who seeks a stay brought in breach of that agreement to refer disputes to a named forum, will have to show strong cause Lord Goff asked whether an exclusive jurisdiction clause in a bill of lading issued by a sub-bailee was binding on the cargo owner, and said: "Here is a ship, upon which the goods are loaded in a large number of containers; indeed, one container may contain goods belonging to a number of cargo owners. One incident may affect goods owned by several cargo owners, or even (as here) all the cargo owners with goods on board. Common sense and practical convenience combine to demand that all of these claims should be dealt with in one jurisdiction, in accordance with one system of law. If this cannot be achieved, there may be chaos. Much expense may be wasted on litigation in a number of different jurisdictions, as indeed happened in the present case, where there was litigation in eight other countries as well as Hong Kong and Taiwan. There is however no international regime designed to produce a uniformity of jurisdiction and governing law in the case of a multiplicity of claims of this kind. It is scarcely surprising therefore that shipowners seek to achieve uniformity of treatment in respect of all such claims, by clauses designed to impose an exclusive jurisdiction and an agreed governing law . . Within reason, such an attempt must be regarded with a considerable degree of sympathy and understanding . . Their Lordships do not consider that it can possibly be said that the incorporation of such a clause in a bill of lading is per se unreasonable."

Lease Management Services Ltd -v- Purnell Secretarial Services Ltd [1994] CCLR 127
1 Apr 1994 CA	Consumer, Agency	Casemap
	A leasing company adopting the style of a like supplier had to adopt that supplier's representations.

Henderson -v- Merrett Syndicates Ltd [1995] 2 AC 145; [1994] 3 All ER 506; Times, 26 July 1994; [1994] UKHL 5; [1994] 3 WLR 761
25 Jul 1994 HL Lord Goff of Chieveley, Lord Browne-Wilkinson	Professional Negligence, Damages, Agency	Casemap 1 Cites 1 Citers
	Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined to statements but may apply to any assumption of responsibility for the provision of services. This extended Hedley Byrne principle is the rationalisation or technique adopted to provide a remedy for the recovery of damages in respect of economic loss caused by the negligent performance of services. Once a case falls within the extended Hedley Byrne principle, there is no need to embark on any further inquiry whether it is "fair, just and reasonable" to impose liability for economic loss. Further "reliance upon [the assumption of responsibility] by the other party will be necessary to establish a cause of action (because otherwise the negligence will have no causative effect)." The existence of a contractual duty of care between the parties does not preclude the concurrence of a tort duty in the same respect. Professional advisers may owe to the same client a duty to exercise reasonable care and skill derived from both contract and tort law.
	Link[s] omitted

Yasuda Fire and Marine Insurance Company Europe Ltd -v- Orion Marine Insurance Underwriters Ltd
27 Oct 1994 ChD	Agency
	An agent's fiduciary duty to his principal survived the determination of his contract and he had a continuing duty to provide accounts.