ABSTRACT

The principles of agency law provide the basis for an understanding of many issues relating to partnerships and some of those relating to registered companies. The general assumption is that individuals engaging in business activity carry on that business by themselves, and on their own behalf, either individually or collectively. It is not uncommon, however, for such individuals to engage others to represent them and negotiate business deals on their behalf. Indeed, the role of the ‘middleman’ is a commonplace one in business and commerce. The legal relationship between such a representative, or middleman, and the business person making use of them is governed by the law of agency. Agency principles also apply in relation to companies registered under the companies legislation and the directors and other offi cers of such companies.