ABSTRACT

This chapter covers the following special contracts: agency, legislation relevant to estate agents, statutorily implied terms regarding goods and services and insurance. The agency relationship lies at the heart of commercial and business life. Agents are used to negotiate the sale of goods or services or to negotiate and conclude the sale of goods or services on behalf of a principal. The law is inclined to hold the principal liable for the acts of the ‘agent’ in these cases of apparent authority for reasons of equity and business confidence. The agent is bound to carry out duties with due care and skill, and the standard of care required will vary. If agents hold themselves out as being skilled in some particular field, then they must carry out the agency duties with the skill of a reasonable practitioner in that field.