ngoshwe
JF-Expert Member
- Mar 31, 2009
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MSM Consulting Ltd v United Republic of Tanzania [2009] 123 Con LR 154 QBD
This case is concerned with estate agents seeking payment for finding a property for the Tanzanian High Commission in UK.
The claimants had then found the property eventually purchased, but had never been instructed by the Tanzanian government. They claimed a quantum meruit, which was refused by the court.
The value of the case, is in providing "guidance as to the circumstances in which a claimant is entitled to payment on a quantum meruit basis for work done in anticipation of a contract which does not materialise".
An agent that seeks a property might not necessarily have to be the effective cause of the sale and as such, any contact for commission charges need to be careful drafted to cover all circumstances under which such commission should be payable.
Un offficial extract judgement of the the High Court of Justice, Quees Bench Division attached.
This case is concerned with estate agents seeking payment for finding a property for the Tanzanian High Commission in UK.
The Tanzanian Government were seeking new High Commission headquarters within the London area. Ms Musaka, the owner of the Claimant company did not have a formal contract signed with the Defendant (Tanzania Government). Nevertheless meetings, telephone calls and correspondence between the parties followed in which Ms Musaka visited several potential properties in the company of Commission staff.
The claimants had then found the property eventually purchased, but had never been instructed by the Tanzanian government. They claimed a quantum meruit, which was refused by the court.
The value of the case, is in providing "guidance as to the circumstances in which a claimant is entitled to payment on a quantum meruit basis for work done in anticipation of a contract which does not materialise".
An agent that seeks a property might not necessarily have to be the effective cause of the sale and as such, any contact for commission charges need to be careful drafted to cover all circumstances under which such commission should be payable.
Un offficial extract judgement of the the High Court of Justice, Quees Bench Division attached.
