Court of Appeal considers identity, capacity and loss

The question of whether a party has entered into a contractual arrangement as principal for itself or as agent for another entity can be pivotal in a contractual claim. The issue may be raised as a defence, for example, where a defendant is trying to argue that the claimant individual has not suffered the requisite loss and therefore that the claim has no teeth even if liability is made out.

Alternatively it may be raised where a defendant is trying to escape contractual liability by sheltering behind an entity with which the claimant in fact has the contractual nexus. These issues were at the centre of Muneer Hamid (t/a Hamid Properties) v Francis Bradshaw Partnership [2013] EWCA Civ 470…

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