NVA Management Ltd v Martins

NVA Management Ltd v Martins

The written agreement was unenforceable for want of consideration as no services had been provided by NVA prior to signature. No oral agreement for payment was proven. NVA failed to prove entitlement to commission or reasonable remuneration for work done. Payments made by Martins were not pursuant to any enforceable agreement.

Parties
Claimant: NVA Management Limited; Defendant: Obafemi Martins
Jurisdiction
England and Wales
Judgment Date
29 January 2010
Procedural Posture
Civil / Final Judgment
Outcome
claims dismissed
Legal Topics
Consideration, Quantum Meruit, Commission Agreements, Image Rights, Sponsorship Agreements
Contract Law Consideration Quantum Meruit Commission Agreements Image Rights Sponsorship Agreements

Case Brief

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Parties

NVA Management Limited

Claimant

Obafemi Martins

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the written agreement dated 17 July 2007 is enforceable for want of consideration
  2. 2 Whether there was an oral agreement for payment for image rights advice
  3. 3 Whether NVA is entitled to commission for sponsorship agreements

Ratio Decidendi

The written agreement was unenforceable for want of consideration as no services had been provided by NVA prior to signature. No oral agreement for payment was proven. NVA failed to prove entitlement to commission or reasonable remuneration for work done. Payments made by Martins were not pursuant to any enforceable agreement.

Court Disposition

claims dismissed

Orders

  • All claims of NVA against Mr. Martins are dismissed.