INTRODUCTION

A chapter on agency occupies a somewhat unique position in a book of this type. First, agency is often considered to be more properly part of commercial rather than contract law. This commercial background must be borne in mind. Agency transactions are increasingly likely to be international in nature, particularly as agents cross borders within Europe, benefiting from the protection of European Directives as they do so. This international context makes the prospect of uniform rules for agency transactions throughout Europe an extremely important one for agency lawyers. It is not difficult to see the pressing argument in favour of developing Scots agency principles in line with PECL.

The second reason why this chapter may differ from others in this book is the extent of English influence which has operated on both Scots and South African law. English law has been so dominant in matters commercial that both Scots and South African agency law bear a strong resemblance to English law. One would imagine that the same could not be said of PECL, being a collaboration between jurists from both Civilian and Common Law countries. Nevertheless, as this chapter should illustrate, English agency principles have been so influential that they have left an obvious mark on PECL, perhaps to a greater extent than one might have anticipated.