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Nelson v Nelson [1997]

Facts

  • A solicitor commenced proceedings against a third party for an injunction to protect property

Issue

  • Was the solicitor in breach of warranty for knowing that the action would not succeed?

Decision

  • No

Reasoning

  • An agent’s warranty of authority (for order xanax online cheap solicitors) extends only to the fact of authority: that his principal exists and has the capacity to bring the claim
  • A solicitor does not warrant that his principal has a good claim
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