Everton Football Club Company Ltd v Sail Group Ltd & Anor [2011] EWHC 126 (QB) (04 February 2011)
No binding contract was concluded between Everton and Sail as negotiations were conducted subject to contract and no formal agreement was executed. AR did not represent authority to bind Sail, nor did Everton rely on any such representation. Both claims fail.
- Citation
- [2011] EWHC 126
- Parties
- Claimant: Everton Football Club Company Limited; First Defendant: Sail Group Limited; Second Defendant: Alexander Ross Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 04 February 2011
- Procedural Posture
- Commercial Contract Dispute / High Court Trial Judgment
- Outcome
- Claims dismissed
- Legal Topics
- Formation of Contract, Subject to Contract, Warranty of Authority, Damages for Breach of Warranty, Authority of Agents
Case Brief
Summary, issues, holding and outcome
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Parties
Everton Football Club Company Limited
Claimant
Sail Group Limited
First Defendant
Alexander Ross Limited
Second Defendant
Procedural Posture
Commercial Contract Dispute / High Court Trial Judgment
Legal Issues
- 1 Whether a binding contract was concluded between Everton and Sail
- 2 Whether Alexander Ross Limited breached a warranty of authority as Sail's agent
Ratio Decidendi
No binding contract was concluded between Everton and Sail as negotiations were conducted subject to contract and no formal agreement was executed. AR did not represent authority to bind Sail, nor did Everton rely on any such representation. Both claims fail.
Court Disposition
Claims dismissed
Orders
- Claim by Everton against Sail dismissed
- Claim by Everton against Alexander Ross Limited dismissed
Full Case Text
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