How have courts applied the doctrine of agency in determining a binding contract between a homeowner and his wife?
Ontario, Canada
The following excerpt is from Exim Group of Canada Inc. v. Abony, 2007 CanLII 24669 (ON SC):
The court in Spiro v. Lintern also applied the doctrine of agency in finding a binding contract reflected in the conduct of the homeowner and his wife. An agent, for the purposes of this doctrine, is a person who makes a contract between their principal and a third party. The court held a contract of agency could be implied from the conduct of the homeowner and his wife, giving the wife implied authority to bind as her husband’s agent.
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