J - Joint liability of principal and agent
8/1/13
GLADMAN COMMERCIAL PROPERTIES v FISHER HARGREAVES PROCTOR [2013] EWHC 25 (Ch)
Marketing agents could not be liable to the claimant for misrepresentations alleged to have been made in sales particulars because the claimant had previously settled a claim against the vendors for whom the agents had acted. The vendor, as principal, and the agents would have been liable as joint tortfeasors for any such misrepresentations, and the release of the claim against the vendors released the agents too because there was no express or implied reservation of rights against the agents. If the agents and the vendors had only been concurrently (not jointly) liable for the same damage, the payment made under the settlement would not have been regarded as fully satisfying the claimant’s loss. But in any event the claim against the agents was also an abuse of process because it could and should have been brought in the earlier action.