The WLR Daily case summaries
[2019] WLR (D) 104
Supreme Court
Devani v Wells
[2019] UKSC 4
2018 Oct 11;
2019 Feb 13
2019 Feb 13
Lord Wilson, Lord Sumption, Lord Carnwath, Lord Briggs, Lord Kitchin JJSC
Agency— Estate agent— Contract— Information to client of prospective liabilities— Estate agent providing terms of business after offer to buy accepted— Parties failing to specify event giving rise to agent’s commission— Estate agent applying for enforcement of contract— Whether degree of culpability of agent sufficient to justify dismissal of the agent’s claim for commission—
Estate Agents Act 1979 (c 38), s 18
Contract— Formation— Implied term— Parties agreeing orally that claimant introduce buyer for defendant’s properties— Claimant stating his commission fees during conversation— Parties not specifying event triggering claimants entitlement to commission— Whether parties’ bargain complete— Claimant introducing buyer— Claimant providing written terms of business after defendant’s acceptance of offer to buy— Claimant seeking commission after completion— Whether term providing for payment of commission on completion contained in agreement— Whether legitimate to imply term as to event triggering entitlement to commission so as to convert incomplete bargain into legally binding contract