Pearson v. Rose & Young, Ltd. (1950) 2 Ch. D. 1027

Citation:Pearson v. Rose & Young, Ltd. (1950) 2 Ch. D. 1027

Rule of thumb:If an agent is given possession of goods by the principal, do they have to obtain the consent of the principal to sell them? No, the agent is entitled to sell the goods without express consent from the principal.

Background facts:

Parties argued:

Judgment:

-“(1) Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent, shall, subject to the provisions of this Act, be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make the same.” Somerville LJ

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.