ABSTRACT

The doctrine of privity in contract law normally prevents a person acquiring rights under a contract unless he is a party to it. The long established exception to that rule is the concept of agency. The most important feature of the relationship created by an agency agreement is that where a contract is concluded by an agent on behalf of a principal, the agent’s acts are treated as if they were the acts of the principal and the principal becomes a party to the contract through the agreement. Examiners often set questions dealing with the general concept of agency contracts, either in the form of whole essay questions (Questions 27, 28 and 30) or part-essay questions (Question 29).