The Weekly Law Reports
[2017] 2 WLR 1391
Court of Appeal
Devani
v
Wells
[2016] EWCA Civ 1106
2016 July 26;
Nov 15
Arden, Lewison, McCombe LJJ
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 “prejudice” and “culpability” to be considered together— Whether just to dismiss claim— Whether commission to be reduced to compensate client for prejudice—
Estate Agents Act 1979 (c 38), s 18(6)(a)(b)
Contract— Formation— Implied term— Parties agreeing orally that claimant introduce buyer for defendant’s properties— Parties not specifying event triggering claimant’s entitlement to commission— Whether parties’ bargain complete— Claimant introducing buyer— Claimant providing terms of business after defendant’s acceptance of offer to buy— Claimant seeking commission after completion— Whether legitimate to imply term as to event triggering entitlement to commission so as to convert incomplete bargain into legally binding contract