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Berkeley v Hardy (1826)

Facts

  • An agent executed a deed for a lease on behalf of his principal
  • The agent’s authority was not granted by deed

Issue

  • Was the deed valid?

Decision

  • No

Reasoning

  • The only exception to the “no formal requirements for agents” rule is where the contract must be executed by deed, in which case the agent must have had his own authority conferred by deed
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