SU 3 Agency ST 2.pdf - Specific Contracts KTH 220 Unit 3:...

Prof. J Barnard
Specific Contracts (KTH 220)
Unit 3 : Agency
Theme 2 : Authority
© Exclusive intellectual property and copyright - prof. J Barnard (University of Pretoria). May not be sold or distributed.

2
Introduction
 See 10.07-10.39
 For A to bind P to juristic act = lawful authority
 Two questions:
1)
Does A have authority? (source of authority)
2)
What is scope of authority and did A act within authority?
© Exclusive intellectual property and copyright - prof. J Barnard (University of Pretoria). May not be sold or distributed.

3
Third party
Principal
Agent
AUTHORITY
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4
Sources of authority
 See 10.08-10.25
1) Contractual authority (express or tacit)
2) Ratification
3) Implied authority (by operation of law ( ex lege ))
4) Ostensible authority
© Exclusive intellectual property and copyright - prof. J Barnard (University of Pretoria). May not be sold or distributed.

5
1. Contractual authority
 See 10.09-10.13
 Express / tacit – based on consensus between P and A
 Normal contractual requirements
 Offer and acceptance
 Contract of mandate
o
P (mandator) instructs A (mandatary) to do something on their behalf.
o
A can then accept / reject the instruction (offer)
 Employment contract
o
Is employee an agent of employer?
o
Depends on terms of contract
o
Difference between agent and normal employee?

Employee is subject to control of employer (Th 1)
© Exclusive intellectual property and copyright - prof. J Barnard (University of Pretoria). May not be sold or distributed.