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Class notes

Contract LAW

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NOTES ON LAW OF CONTRACTS

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  • May 25, 2021
  • 3
  • 2020/2021
  • Class notes
  • Makhiwane
  • All classes
All documents for this subject (1)
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anothandosakhela
Definition of an Agency
• Gibson defines a contract of agency as a contract whereby one
person (the agent) is authorized and usually required by another
person (the principal) to contract or negotiate a contract on the latter’s
behalf with a third person.
Different kinds of Agents
• Auctioneers
• Brokers
• Estate agents
• Empowered and unempowered agents
Different kinds of principals
• Named principal (identity & existence)
• Unnamed principals (Existence only)
• Undisclosed principals


Creation (establishment) agency
1. Actual authority
Expressed or implied
Formalities of alienation of land (written & written by principal)

2. Residual provisions
Provided and imposed by law

General application
• Necessary powers
• Usual powers
• Emergency powers
• The principal did not contemplate or did not forget to provide
for the situation
• It was not practically possible to communicate with the
principal or ascertain his wishes before the emergency
action was taken

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