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Counsel Jonathan Swil authored the article “UK Decision Highlights Contract Enforceability Considerations”, published by Law360 on April 20, 2020.
A vexed and often overlooked issue is the enforceability of a contract where one of the named parties has entered the contract as an agent on behalf of another, and the latter is not mentioned anywhere in the document. What rights and obligations do the agent, their principal and the counterparty have against one another? What steps can parties take to protect against the uncertainty this scenario creates? Read Jonathan's article to find out.