Uganda Case Law

Eber v Thomsen (C.A. 1/1935)

Eber v Thomsen (C.A. 1/1935) [1935] EACA 34 (1 January 1935)

Court

East African Court of Appeal

Case number

C.A. 1/1935

Judges

Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Sheridan, P

The Court of Appeal held that the appellant's conduct in pressing for a reduced commission and threatening to dispense with the respondent's services amounted to an anticipatory breach of the agency contract. The evidence showed the appellant intended to continue trading in the contract area, thus depriving the respondent of his right to earn commission under the agreed terms. The respondent was justified in treating the contract as repudiated and suing for damages. Alleged misconduct or negligence by the respondent did not bar recovery, as the appellant had condoned such conduct by not actin…

Source excerpt

• Agency Contracts
• Anticipatory Breach
• Commission Disputes
• Damages Assessment
• Condonation Of Misconduct