Tuke v JD Classics Ltd

The September 2010 Email Exchange constituted a contract by which Mr Tuke appointed JD Classics Limited as his agent to negotiate and conclude the sale of cars and receive payments on his behalf, with a commission of 10% on uplift from purchase. The conduct and subsequent dealings confirmed the agency relationship, entitling Mr Tuke to the relief sought.

Parties: Claimant: Michael Antony Tuke; Defendant: J D Classics Limited
Jurisdiction: England and Wales
Judgment Date: 18 April 2018
Procedural Posture: Civil / Judgment
Outcome: Judgment for the Claimant
Legal Topics: Fiduciary Relationship, Commission Agreements, Misrepresentation, Principal Agent Relationship

Agency Contract Law Fiduciary Relationship Commission Agreements Misrepresentation Principal Agent Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Antony Tuke

Claimant

J D Classics Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether JD Classics Limited acted as agent for Michael Antony Tuke in the sale of classic cars
2 Whether the September 2010 Email Exchange constituted an agency relationship
3 Whether commission was due to JD Classics Limited as agent

Ratio Decidendi

Court Disposition

Judgment for the Claimant

Orders

Order for delivery up of documents in respect of each of the Sold Cars
Directions for the taking of an account and order for payment of the sum shown to be due at the foot of the account