The Frost Express [1996]

Facts

  • The Frost Express (cargo ship) was chartered by agents of an unnamed principal
  • Cargo transported by the Frost Express arrived in poor condition

Issue

  • Could the agents be personally liable under the contract for the damage to the cargo?

Decision

  • Yes

Reasoning

  • A third party in a contract concluded through an agent may not have recourse against an unidentifiable party
  • As such, the third party’s rights must be exercisable against the agents
RELATED CASE  Smith v Reliance Water Controls [2003]

Posted in Commercial Law Revision Notes.

This page was last updated on 1st January 2015

© 2020 Webstroke Law - Terms and Privacy Policy