Muneer Hamid (T/A Hamid Properties) v Francis Bradshaw Partnership
Citation: EWCA Civ 470
Nature of case:
The preliminary issue to be determined in this case was whether the claimant (“Dr Hamid”) had entered into a contractual arrangement with the defendant (“FBP”) as principal for himself or as agent for another entity.
(i) Dr Hamid had not effectively qualified his signature or made it plain that the contract should not bind him personally. The mere reference to “Moon Furniture” without any indication that this was the trading name of Chad (or any clear indication that this was the trading name of a limited company) was not an effective qualification;
(ii) the test must be the same whether the individual was contending he was (a) the principal; or (b) signing as an agent or company officer
(iii) the extrinsic evidence did not assist FBP. At no stage before the contract was concluded did anyone tell FBP that Moon Furniture was a limited company and the private thoughts or assumptions of one of FBP’s agents were irrelevant and inadmissible. Inquiries which could have been made, but were not, were also irrelevant.