Jersey Judgment

Trollope v Jackson [1990] JLR 192 (23 June 1983)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Implied authority exists if the principal gives authority to negotiate terms of a new lease, specifying only a guideline figure for rent, but does not extend to concluding the contract unless expressly authorized.

Court disposition

Claim dismissed

02

Material facts

Parties

Trollope

Applicant

Jackson

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether an estate agent has authority to conclude a contract on behalf of the principal without express or implied authorization

Party arguments

Applicant
Estate agent lacked authority to conclude contract as principal only specified guideline figure for rent and authorized negotiation of terms, not contract conclusion.
Respondent
Estate agent had implied authority to conclude contract based on principal's instructions to negotiate terms and specify rent.

05

Court’s reasoning

  1. 01

    Jersey common law

    An agent has no authority to conclude a contract on behalf of the principal unless expressly or impliedly authorized.

06

Ratio, limits and disposition

Ratio decidendi

Implied authority exists if the principal gives authority to negotiate terms of a new lease, specifying only a guideline figure for rent, but does not extend to concluding the contract unless expressly authorized.

Court disposition

Claim dismissed

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1990] JLR 192

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BAILII >> Databases >> Jersey Law Reports >> Trollope v Jackson [1990] JLR 192 (23 June 1983) URL: https://www.bailii.org/je/cases/JLR/1983/JLR900192.html Cite as: [1990] JLR 192 [ New search ] [ Help ] Trollope v Jackson 1990 JLR 192 (23 June 1983) Agency - estate agents - authority of agent - no authority to conclude contract on behalf of principal unless expressly or impliedly authorized-implied if principal gives authority to negotiate terms of new lease, specifying only guideline figure for rent The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1990 JLR 192 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1983/JLR900192.html

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