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Heard v Pilley (1869)

Facts

  • The claimant sought specific performance of a contract for the purchase of real property
  • The defendant claimed that the agent who had signed the contract had no authority as oral authority could not authorise the signing of contracts with formal (writing) requirements

Issue

  • Was the contract specifically enforceable? Was there authority?

Decision

  • Yes, Yes

Reasoning

  • Agents may sign contracts with formal requirements without being appointed so formally
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