Facts
- The defendant was paid by the claimant to organise media coverage of the claimant’s giving birth to octuplets
- The defendant also took remuneration from a particular newspaper
- The defendant claimed that the claimant had authorised this further remuneration orally
Issue
- Could the defendant keep the further remuneration?
Decision
- No
Reasoning
- The burden is on the agent to prove that an otherwise unauthorised profit was consented to by the principal
- This burden was not discharged, it was the defendant’s word against the claimant’s
