The Weekly Law Reports
[2019] 2 WLR 617
Supreme Court
Devani
v
Wells
[2019] UKSC 4
2018 Oct 11; 2019 Feb 13
Lord Wilson, Lord Carnwath, Lord Briggs, Lord Kitchin JJSC, Lord Sumption
Contract— Formation— Implied term— Parties agreeing orally that estate agent introduce buyer for vendor’s properties— No express agreement as to event triggering agent’s entitlement to commission— Whether parties’ bargain complete— Whether agreement containing term providing for payment of commission on completion— Whether legitimate to imply such term so as to convert incomplete bargain into legally binding contract
Agency— Estate agent— Contract— Estate agent breaching statutory obligation to inform client of prospective liabilities— Agent applying for enforcement of contract notwithstanding breach— Whether just to dismiss agent’s application— Whether commission to be reduced to compensate client for prejudice— Proper approach to agent’s “culpability” and “prejudice” to client—
Estate Agents Act 1979 (c 38), s 18(6)