Cooke v Hopper

Cooke v Hopper

The claimants' actions after 18 November, specifically arranging and attending the meeting on 26 November at the defendant's request, were outside the scope of the contract and justified a quantum meruit award.

Parties
Respondent/claimant: Cooke; Appellant/defendant: Hopper
Jurisdiction
England and Wales
Judgment Date
08 February 2012
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Quantum Meruit, Commission Agreements, Estate Agency, Remuneration for Services
Contract Law Restitution Quantum Meruit Commission Agreements Estate Agency Remuneration for Services

Case Brief

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Parties

Cooke

Respondent/claimant

Hopper

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether claimants are entitled to commission under contract
  2. 2 Whether claimants are entitled to quantum meruit for services outside contract

Ratio Decidendi

The claimants' actions after 18 November, specifically arranging and attending the meeting on 26 November at the defendant's request, were outside the scope of the contract and justified a quantum meruit award.

Court Disposition

Appeal dismissed

Orders

  • Quantum meruit award of £6,000 to claimants upheld