Yonge v Toynbee (1910)


  • The claimant solicitors commenced a defamation action against the defendant
  • The solicitors’ client became insane during the proceedings


  • Were the claimants liable for breaching their warranty of authority to the defendants that they had authority to bring their claim?


  • Yes


  • The solicitors were strictly liable for the breach of their warranty as to their client’s capacity
  • It was irrelevant that the insanity of the claimant solicitors’ client was not known to the solicitors
RELATED CASE  Warlow v Harrison (1859)

Posted in Commercial Law Revision Notes.

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