Pharmed Medicare Private Ltd. v Univar Ltd. [2002] EWCA Civ 1569 (05 November 2002)

Pharmed Medicare Private Ltd. v Univar Ltd. [2002] EWCA Civ 1569 (05 November 2002)

Univar, by its conduct and previous dealings, held out Mr Somerville as having ostensible authority to contract with Pharmed; Pharmed had no notice or reason to suspect any limitation on that authority, and the contract was binding on Univar.

Citation
[2002] EWCA Civ 1569
Parties
Claimant/respondent: Pharmed Medicare Private Ltd; Defendant/appellant: Univar Ltd
Jurisdiction
England and Wales
Judgment Date
05 November 2002
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the Commercial Court
Outcome
Appeal dismissed
Legal Topics
Ostensible Authority, Summary Judgment, Course of Dealing, Representation of Authority
Contract Law Agency Law Commercial Law Ostensible Authority Summary Judgment Course of Dealing Representation of Authority

Case Brief

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Parties

Pharmed Medicare Private Ltd

Claimant/respondent

Univar Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the Commercial Court

Legal Issues

  1. 1 Whether Mr Somerville had ostensible authority to bind Univar Ltd to the contract with Pharmed
  2. 2 Whether Pharmed ought to have been put on inquiry as to the limits of Mr Somerville's authority

Ratio Decidendi

Univar, by its conduct and previous dealings, held out Mr Somerville as having ostensible authority to contract with Pharmed; Pharmed had no notice or reason to suspect any limitation on that authority, and the contract was binding on Univar.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for Pharmed on the issue of authority; other issues to proceed to trial