Signatures, agents, and the impact of the Consumer Protection Act in the context of land alienation: Chapter 8 Flashcards
(19 cards)
What is a formal requirement for a deed of alienation regarding signatures?
Both parties must sign the deed of alienation.
What is acceptable as a signature on a deed of alienation?
Any mark or initial that identifies the party; not necessarily a full name.
Can extrinsic evidence be used to identify the author of a signature?
Yes.
If offer and acceptance are in separate documents, what is required?
Each document must be signed by both parties.
Does the Consumer Protection Act allow for electronic or advanced electronic signatures?
Yes, if recognised by law and if the supplier takes precautions to prevent misuse.
Can a deed of alienation be concluded electronically (e.g., email or SMS)?
No, it may not be concluded by electronic means (per ECTA section 4(4)).
When can an agent act on behalf of a buyer or seller in land sales?
Only if they have written authority from their principal at the time of contract conclusion.
Does the agent need to be in possession of the written authority when signing?
No, but they must have knowledge of its existence.
Can someone act as an agent for a trust that hasn’t been formed yet?
No, such a deed is null and void.
What is required before a trust can alienate land?
A letter of authority from the Master of the High Court under section 6(1) of the Trust Property Control Act.
Can a company sign a contract directly?
No, it must act through representatives.
Who governs a company’s power to enter into contracts?
The board of directors, as per section 66(1) of the Companies Act.
Who are considered company functionaries or organs?
Individuals whose authority comes from the company’s MOI or legislation—not agents in the strict sense.
Do company functionaries need written authority to sign a deed of alienation?
No, they may sign without written authority.
What about non-functionaries acting as agents for a company?
They require written authority to sign a deed of alienation.
What must an agent do if considered an “intermediary” under the Consumer Protection Act?
Disclose full identification, services, fees, commissions, codes of conduct, and any dishonest/criminal behaviour.
Does the CPA require all agreements to be in writing and signed?
No, not in general (section 50), but if in writing, they must be in plain and understandable language (section 22).
Is it required that contracts be in one of the official languages?
No, it is not compulsory.
How is a conflict between the CPA and the Alienation of Land Act resolved?
Apply both Acts concurrently if possible; if not, the one offering greater consumer protection prevails (section 2(9)).
