Tag archives: Agent

Constitutional values of ubuntu and fairness are not the basis for the courts’ interference with contractual relationships

It has long been held that although values such as good faith, reasonableness and fairness are fundamental to our law of contract, they do not constitute independent rules that courts can employ to intervene in contractual relationships (South African Forestry Co Ltd v York Timbers Ltd). The fact that a term of a contract is … Continue reading

Authority of agent to represent bank

The fact that someone works as, say, a branch manager or agent for a bank does not mean they have express or implied authority to bind the bank to a transaction of any kind. They can only bind the bank to transactions which are the ordinary kind of business done by the branch manager or … Continue reading