ABSTRACT
While he was a judge of the United Kingdom Supreme Court, Lord Sumption delivered a number of judgments on points of agency law. This festschrift paper analyses just three of those, and three topics. The first is the concept of the communicating agent, or the agent who has no authority to make a contract but has authority to communicate that the principal is willing to contract: Kelly v Fraser (2012). The second topic is the termination of an agent’s authority, including when authority might be non-revocable: Angove’s Pty Ltd v Bailey (2016). The third topic is the concept of the undisclosed principal and the scope of its use in the tort of negligent misstatement: Playboy Club London Ltd v Banca Nazionale del Lavoro SpA (2018).
Watts, Peter G, The Agency Law Decisions of Lord Sumption (October 1, 2019). This is a pre-publication version of a chapter subsequently published in W Day and S Worthington (eds), Challenging Private Law (Hart Publishing, Oxford, 2020), chapter 14.
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