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Yonge v Toynbee (1910)

Facts

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

Issue

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

Decision

  • Yes

Reasoning

  • 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
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