20 Jul 2011
WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER
- Citation
- WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV176/2010
The Court held that issues limiting an agent's authority (that the agent exceeded authority by agreeing specific standard terms) must be specifically pleaded by the principal; absent appropriate pleading the court will not allow that defence to take the opposite party by surprise. On the facts the court found the agent had been verbally authorised to sell but the procedural failure to plead meant the principal was held liable and ordered to pay the sums due under the agreement.