Which doctrine did the English Court of Common Pleas apply in Adamson v Jarvis (1827)?
An auctioneer sold goods in good faith on Jarvis’s instructions and incurred liability to the true owner. The court allowed the auctioneer to recover an implied indemnity…
Choose your answer
Which doctrine did the English Court of Common Pleas apply in Adamson v Jarvis (1827)?
Answer and explanation
Correct answer B
An auctioneer sold goods in good faith on Jarvis’s instructions and incurred liability to the true owner. The court allowed the auctioneer to recover an implied indemnity from Jarvis.
Option feedback
Option A
The action was for reimbursement after a wrongful sale carried out on the defendant’s instructions. It did not turn on custody and redelivery under a bailment.
Option B
The auctioneer recovered an indemnity from the person whose instructions he had followed in good faith.
Option C
The defendant’s obligation was to indemnify his own agent. He had not undertaken to answer to a creditor for another debtor’s default.
Option D
The goods were sold at auction. They had not been delivered as security for a debt.
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