Heald v Kenworthy: Difference between revisions
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A formative case on the principle of [[undisclosed agent|undisclosed agency]] in which Parke B roundly dissed “Lord Tenterden’s rule” (that an undisclosed [[principal]] is not liable to the [[vendor]] if the [[principal]] has paid or settled accounts with the [[agent]]) devised in {{casenote|Thompson|Davenport}}, and instead opined that the [[undisclosed principal]] has no defence when {{sex|he}} has settled accounts or made payment to the [[agent]], unless the third party has misled the [[principal]] into making that payment. | A formative case on the principle of [[undisclosed agent|undisclosed agency]] in which Parke B roundly dissed “Lord Tenterden’s rule” (that an undisclosed [[principal]] is not liable to the [[vendor]] if the [[principal]] has paid or settled accounts with the [[agent]]) devised in {{casenote|Thompson|Davenport}}, and instead opined that the [[undisclosed principal]] has no defence when {{sex|he}} has settled accounts or made payment to the [[agent]], unless the third party has misled the [[principal]] into making that payment. | ||
Discussed at some length in {{casenote|Poretta|Superior Dowel Company}} (transcript [http://law.justia.com/cases/maine/supreme-court/1957/137-a-2d-361-0.html here]. | Discussed at some length in {{casenote|Poretta|Superior Dowel Company}} (transcript [http://law.justia.com/cases/maine/supreme-court/1957/137-a-2d-361-0.html here]). | ||
Revision as of 17:22, 22 September 2016
A formative case on the principle of undisclosed agency in which Parke B roundly dissed “Lord Tenterden’s rule” (that an undisclosed principal is not liable to the vendor if the principal has paid or settled accounts with the agent) devised in Thompson v Davenport, and instead opined that the undisclosed principal has no defence when he has settled accounts or made payment to the agent, unless the third party has misled the principal into making that payment.
Discussed at some length in Poretta v Superior Dowel Company (transcript here).