Yonge v Toynbee
| Yonge v Toynbee | |
|---|---|
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| Full case name | Yonge v Toynbee |
| Decided | 1910 |
| Citation(s) | [1910] 1 KB 215 |
| Keywords | |
| insanity | |
Yonge v Toynbee [1910] 1 KB 215 is a case regarding the legal effects of a party entering into a contract to be later discovered to be insane.
Background
The plaintiff commenced defamation action in the court against the defendant, and instructed the lawyers W and Sons to act on their behalf. Unfortunately during these proceedings, and entirely unbeknown to their lawyers, the plaintiff was declared legally insane. As a result, the plaintiff’s legal action was struck out by the court by the defendant, and then sought costs from W and Sons on the basis that they had no legal authority to represent the defendant, as the defendant being insane, even though they had no knowledge of this at the time. The defendant was not legally liable for these costs, due to their insanity.
Held
The defendants lawyers were liable for costs, as their implied agency to act on the behalf of their defendant ended with the insanity of their client.