Said v Butt
An undisclosed principal cannot enforce a contract where the third party would not have contracted with him if he had known who he was.
Facts
Mr Said wanted to buy a ticket for the first night of a play at a theatre. He knew that the theatre's managing director, Mr Butt, would not sell him a ticket, because of earlier disputes between them in which Mr Said had accused the theatre's management of dishonesty. He asked a friend to buy a ticket for him, without disclosing that it was for him. When he arrived at the theatre, he was refused entry. He sued Mr Butt for inducing the theatre to break its contract with him.
Legal principle
McCardie J held that Mr Said had no contract with the theatre, so his claim failed. He said that, where the personality of the contracting party is a material ingredient in the contract, an undisclosed principal cannot sue on it if the third party would not have contracted with him. Tickets for a first night were not sold to anyone who asked, but were reserved for invited people, and the theatre had refused to contract with Mr Said. He could not use an agent to obtain a contract that the theatre would not have made with him.
Related cases on agency
- Armagas Ltd v Mundogas SA (The Ocean Frost) [1986] AC 717
- Bolton Partners v Lambert (1889) 41 Ch D 295
- Collen v Wright (1857) 8 E & B 647
- De Bussche v Alt (1878) 8 Ch D 286
- First Energy (UK) Ltd v Hungarian International Bank Ltd [1993] 2 Lloyd's Rep 194
- Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480
- Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549
- Hippisley v Knee Brothers [1905] 1 KB 1
Studying commercial law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
