Yonge v Toynbee

An agent who continues to act after his authority has ended because of his principal's mental incapacity is liable for breach of warranty of authority, even if he did not know of the incapacity.

Citation
[1910] 1 KB 215
Court
Court of Appeal (Civil Division)
Year
1910
Subject
Commercial Law
Topic
Agency

Facts

A firm of solicitors was instructed to defend a libel action on behalf of their client. Without the solicitors' knowledge, the client became mentally incapable, which ended their authority to act for him. They continued to defend the action, and took various steps in it. When the claimant discovered the client's incapacity, he had the defence struck out and claimed the costs he had wasted from the solicitors.

Legal principle

The Court of Appeal held that the solicitors were personally liable for the wasted costs, for breach of warranty of authority. Buckley LJ said that the liability of a person who professes to act as an agent does not depend on any wrong or omission of his, but on an implied contract that he has the authority which he professes to have. The solicitors had warranted that they had authority to act for the client, which was untrue after he became incapable, so they were liable, even though they had not known of the incapacity.

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