TY - JOUR
T1 - Auctioneers and misdescription
T2 - between Scylla and Charybdis
AU - Meisel, Frank
PY - 2010/11
Y1 - 2010/11
N2 - In Elidor Investments SA v Christie's, Manson Woods Ltd the court implied a term as to Wednesbury reasonableness into an auctioneer's agency contract which fettered its ‘sole and complete discretion’ to describe lots. It is contended that, in so doing, the court unjustifiably and unnecessarily extended the jurisdiction into areas where it was not required and, in granting an injunction to restrain the sale of the lots, failed properly to apply the appropriate criteria.
AB - In Elidor Investments SA v Christie's, Manson Woods Ltd the court implied a term as to Wednesbury reasonableness into an auctioneer's agency contract which fettered its ‘sole and complete discretion’ to describe lots. It is contended that, in so doing, the court unjustifiably and unnecessarily extended the jurisdiction into areas where it was not required and, in granting an injunction to restrain the sale of the lots, failed properly to apply the appropriate criteria.
UR - http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2230.2010.00830.x/abstract
U2 - 10.1111/j.1468-2230.2010.00830.x
DO - 10.1111/j.1468-2230.2010.00830.x
M3 - Article
SN - 0026-7961
VL - 73
SP - 1036
EP - 1047
JO - Modern Law Review
JF - Modern Law Review
IS - 6
ER -