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Aberdeen Rly Co v Blaikie Bros

(1854) 2 Eq Rep 1281, [1843-60] All ER Rep 249, 23 LTOS 315, 1 Macq 461

Court: HL

Judgment Date: circa 1854

Cases referring to this case
Annotations: All Cases Court: ALL COURTS
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Treatment	Case Name	Citations	Court	Date	Signal
Considered	Newgate Stud Co v Penfold	[2004] EWHC 2993 (Ch), [2004] All ER (D) 372 (Dec)	Ch D	21/12/200 4
Applied	Bhullar v Bhullar	[2003] EWCA Civ 424, [2003] 2 BCLC 241, [2003] NPC 45, 147 Sol Jo LB 421, [2003] All ER (D) 445 (Mar)	CA	31/03/200 3
Applied	Harrison (J J) (Properties) Ltd v Harrison	[2001] 1 BCLC 158, [2000] All ER (D) 2001	Ch D	27/11/200 0
Distinguishe d	Mulholland's Will Trusts, Re, Bryan v Westminster Bank Ltd	[1949] 1 All ER 460, [1949] LJR 1078, 93 Sol Jo 148	Ch D	circa 1949
Considered	Regal (Hastings) Ltd v Gulliver (1942)	[1967] 2 AC 134n, [1942] 1 All ER 378	HL	circa 1942
Applied	Bell v Lever Bros Ltd	[1932] AC 161, 101 LJKB 129, 37 Com Cas 98, [1931] All ER Rep 1, 76 Sol Jo 50, 146 LT 258, 48 TLR 133	HL	circa 1932
Applied	Thomson, Re, Thomson v Allen	[1930] 1 Ch 203, 99 LJ Ch 156, 142 LT 253	Ch D	circa 1930
Considered	Transvaal Lands Co v New Belgium (Transvaal) Land and Development Co	[1914] 2 Ch 488, 84 LJ Ch 94, 21 Mans 364, [1914-15] All ER Rep 987, 59 Sol Jo 27, 112 LT 965, 31 TLR 1	CA	circa 1914
Considered	Costa Rica Rly Co Ltd v Forwood	[1901] 1 Ch 746, 70 LJ Ch 385, 8 Mans 374, 49 WR 337, 45 Sol Jo 424, 84 LT 279, 17 TLR 297	CA	circa 1901
Distinguishe d	Murray v Epsom Local Board	[1897] 1 Ch 35, 61 JP 71, 66 LJ Ch 107, 45 WR 185, 41 Sol Jo 157, 75 LT 579, 13 TLR 113	Ch D	circa 1897
Applied	Flanagan v Great Western Rly Co	(1868) LR 7 Eq 116, 38 LJ Ch 117, 19 LT 345	pre-SC JA 1873	circa 1868
Applied	Stears v South Essex Gas-Light and Coke Co	(1860) 9 CBNS 180, 30 LJCP 49, 7 Jur NS 447, 9 WR 533, 3 LT 472	pre-SC JA 1873	circa 1860

Cases considered by this case
Annotations: All CasesCourt: ALL COURTS
Sort by: Judgment Date (Latest First)

Treatment	Case Name	Citations	Court	Date	Signal
Considered	Foster v Oxford, Worcester and Wolverhampton Rly Co	(1853) 13 CB 200, 22 LJCP 99, 17 Jur 167, 1 WR 151, 20 LTOS 224	pre-SC JA 1873	circa 1853
Considered	James, ex p	(1803) 8 Ves 337, 32 ER 385, [1803-13] All ER Rep 78	LC	circa 1803
Considered	York Buildings Co v Mackenzie	(1795) 8 Bro Parl Cas 42, 3 ER 432	HL	circa 1795

Catchwords & Digest

AGENCY - RELATIONS BETWEEN PRINCIPAL AND AGENT - DUTIES OF AGENTS TO PRINCIPALS - GENERAL DUTIES - OTHER CASES OF AGENT'S BREACH OF DUTY - WHERE AGENT SELLS HIS OWN PROPERTY TO PRINCIPAL - AGENT CANNOT SELL HIS OWN PROPERTY - FAIRNESS OF TRANSACTION IMMATERIAL

A director of a railway company, also a member of a mercantile firm, entered into a contract quâ director with the firm for the supply of certain iron chairs at a fixed price: Held (1) such a contract, although it might be enforced at law, was illegal in equity upon general equitable principles, and would be set aside; (2) no question could be raised as to the fairness or unfairness of a contract so entered into. In such a case the law of Scotland differs in no respect from the law of England.

COMPANIES - COMPANIES REGULATED BY THE COMPANIES CLAUSES ACTS - POWERS AND LIABILITIES OF COMPANIES REGULATED BY THE COMPANIES CLAUSES ACTS - CONTRACTS - AFTER INCORPORATION - CONTRACTS WITH DIRECTORS - VALIDITY - IN EQUITY

A director of a railway company, who was also a member of a mercantile firm, entered into a contract qua directors with such firm for the supply of certain iron chairs at a fixed price: Held such a contract although it might be enforced at law, was illegal in equity, upon general equitable principles, and would be set aside; and no question could be raised as to the fairness or unfairness of a contract so entered into.