Crook v Keen

Crook v Keen

The judge was entitled to find, on the evidence, that Mr Keen acted as agent for Metropolitan Car Parks and that Mr Crook knew or ought to have known of the agency. Therefore, Mr Keen was not liable for breach of implied warranty of title or misrepresentation.

Parties
Appellant: Simon Crook; Respondent: James Keen
Jurisdiction
England and Wales
Judgment Date
31 January 2007
Procedural Posture
Civil Appeal / Appeal From Central London County Court Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Implied Warranty of Title, Agency Relationship, Misrepresentation, Title to Goods

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Crook

Appellant

James Keen

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment

  1. 1 Whether Mr Keen sold the car as principal or as agent for Metropolitan Car Parks
  2. 2 Whether Mr Crook knew of the agency relationship
  3. 3 Whether there was a breach of implied warranty of title

Ratio Decidendi

The judge was entitled to find, on the evidence, that Mr Keen acted as agent for Metropolitan Car Parks and that Mr Crook knew or ought to have known of the agency. Therefore, Mr Keen was not liable for breach of implied warranty of title or misrepresentation.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs, subject to detailed assessment