Auctioneers and Misdescription: Between Scylla and Charybdis |
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| Authors: | Frank Meisel |
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| Affiliation: | Senior Lecturer, Aston Business School, Aston University. I am indebted to my colleague Professor Jill Poole for her many helpful comments on an early draft of this note |
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| Abstract: | 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. |
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