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
