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
Legal Issues
- 1 Whether Mr Keen sold the car as principal or as agent for Metropolitan Car Parks
- 2 Whether Mr Crook knew of the agency relationship
- 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
Full Case Text
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