Jakobsson v Offshore Nautical Sales Limited [2003] JCA 049 (14 March 2003)

Barnes, as de facto managing director of ONS, had actual and ostensible authority to act for ONS in the sale of Klaas II. Jakobsson reasonably believed ONS was acting on his behalf. ONS is liable for Barnes' acts. Damages must reflect the net value Jakobsson should have received, less expenses and commission.

Citation: [2003] JCA 049
Parties: Plaintiff/respondent: Jakob Freyr Jakobsson; Defendant/appellant: Offshore Nautical Sales Limited
Jurisdiction: Jersey
Judgment Date: 14 March 2003
Procedural Posture: Civil Appeal / Appeal From Royal Court Judgment
Outcome: Appeal allowed in part; damages reduced
Legal Topics: Authority of Company Directors, Ostensible Authority, Damages Assessment, Attribution of Liability to Company

Company Law Contract Law Agency Law Authority of Company Directors Ostensible Authority Damages Assessment Attribution of Liability to Company

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Parties

Jakob Freyr Jakobsson

Plaintiff/respondent

Offshore Nautical Sales Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Royal Court Judgment

Legal Issues

1 Whether Barnes acted as agent of ONS with authority in the sale of Klaas II
2 Whether ONS is liable for Barnes' acts
3 Proper assessment of damages owed to Jakobsson

Ratio Decidendi

Court Disposition

Appeal allowed in part; damages reduced

Orders

ONS to pay Jakobsson £101,532.85 (including interest) in place of £125,500 plus interest
ONS to pay costs of Jakobsson