Die verhouding tussen 'n klient, sy regsverteenwoordigers en derde partye

Abstract

The development of the contract of mandate (mandatum) between a client and his attorney as well as his advocate is discussed. Reference is also made to representation. The core of the client's privity of contract with other parties consists of mandate and representation. Customs and usages are not referred to in this article. Other key concepts are also discussed. Delegation of authority is however the focus point and is based on consensual relations. There are two agreements which must show the intention to create privity of contract (a) the mandate between client and attorney and (b) the mandate between the attorney and other parties. A case study is given the facts of which are used to analyse the legal relationship between the following parties: the client, his country and city attorneys, his advocate and also a third party who is a debtor of the client.


(J. for Juridical Science: 2001 26 (2): 1-22)