As you have read one of the reasons for T&C is to have a clause in terms of which the party you are dealing with who purports to represent a third party warrants that he or she is duly authorized to enter into the agreement/accept your T&C.
We all know hindsight is a perfect science and we all work on trust. However sadly sometimes that trust is misplaced as happened in the once case that recently came to my attention.
The complainant representing a public benefit entity ('PBE') approached a public body ('PB') to use their facilities ex gratia (for free) for educational purposes. This was arranged telephonically and confirmed via e-mail by the PA but the letter that was required to be signed by the Divisional Head and sent by the PA, was signed but not sent. Thus resulted in a double booking and the event had to be rescheduled at a loss and major inconvenience to the PBE. If they had the letter timeously, they would have been able to insist on their booking be given priority and to go ahead.
Copyright Adv Louis Nel t/a louis-THE-lawyer
July 16 2020
DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances
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