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Damages for Breach of Warranty of Authority
Published online by Cambridge University Press: 24 November 2003
Extract
When the Queen visited Cambridge to open the new Law Faculty building in 1996, an exhibition concerning the law relating to horses was devised for Her Majesty's entertainment. A revised edition of the exhibition might cover two contributions made by horses to the development of the law in 2003: Mirvahedy v. Henley [2003] UKHL 16, [2003] 2 W.L.R. 882 on liability under section 2(2) of the Animals Act 1971 (noted above) and Habton Farms Ltd. v. Nimmo [2003] EWCA Civ 68, [2003] 3 W.L.R. 633 on the measure of damages for breach of warranty of authority by an agent.
Nimmo, a bloodstock agent, sometimes helped Williamson, a racehorse owner, to find horses, but he had no authority to buy on Williamson's behalf. On 12 October 1998 he agreed to buy a racehorse, High Spirits, from Habton Farms for 70,000, making it clear that he was acting as an agent.
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