Young v Tibbits [1912] HCA 23

Young v Tibbits [1912] HCA 23

There was no evidence fit to be submitted to a jury that the plaintiffs were employed as agents by the defendants; the evidence showed only employment by Broughton & Co. with a term to receive half the commission; the defendants' silence did not create a contract or establish direct agency.

Parties
Respondents: Walter Charles Tibbits, James Wilfred Tibbits and Edgar Cockburn Tibbits; Appellants: Robert John Young, Walter James Young and Stephen Stephen Ralli; Agents: J. Broughton & Co.
Jurisdiction
Australia
Judgment Date
16 May 1912
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Principal and Agent, Employment of Agent, Commission Claims, Agency by Conduct, Estoppel, Evidence – Effect of Silence
Contract Law Principal and Agent Employment of Agent Commission Claims Agency by Conduct Estoppel Evidence – Effect of Silence

Case Brief

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Parties

Walter Charles Tibbits, James Wilfred Tibbits and Edgar Cockburn Tibbits

Respondents

Robert John Young, Walter James Young and Stephen Stephen Ralli

Appellants

J. Broughton & Co.

Agents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was evidence fit to be submitted to a jury of employment of the plaintiffs by the defendants as agents
  2. 2 Whether silence by the defendants in response to the plaintiffs' letter amounted to assent to a contract
  3. 3 Whether the plaintiffs were direct agents or sub-agents for commission

Ratio Decidendi

There was no evidence fit to be submitted to a jury that the plaintiffs were employed as agents by the defendants; the evidence showed only employment by Broughton & Co. with a term to receive half the commission; the defendants' silence did not create a contract or establish direct agency.

Court Disposition

Appeal allowed

Orders

  • Order appealed from discharged
  • Judgment for the defendants with costs