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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
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