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Allwood v Clifford [2002]


  • 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


  • Could the defendant keep the further remuneration?


  • No


  • 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
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