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Whether the common law on estoppel based on apparent or ostensible authority ought to have been developed in circumstances. Sleek and modern, CALVIN KLEIN's dresses feature sculptural, effortless designs offered with exceptional sale pricing. Crafted with fine stretch blends for the ultimate in luxurious comfort, these considered pieces exude composed elegance with all kinds of necklines, sleeve lengths and silhouettes. Vodacom’s business involved the exploitation of profitable concepts in the telecommunications industry. In the law ostensible authority had always been treated as a form of estoppel, and that was the correct approach as a matter of principle.
The CEO was aware of what was being discussed between the director and the Applicant, the chain of ostensible authority from the board to the director was complete and the estoppel was established. Representations by the agent alone without more were insufficient, whatever form they may have taken. But the conduct and statements relied upon may be those of the agent, provided the conduct or statements were themselves within the actual or ostensible authority of the agent. It had not been shown that the course of the trial would have been any different had the pleading of ostensible authority been more detailed, or that Vodacom had in any way been prejudiced by the lack of particularity in regard to that aspect of the case.
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If an agent wished to perform a juristic act on behalf of a principal, the agent required authority to do so for the act to bind the principal. If the principal had conferred the necessary authority either expressly or impliedly, the agent was taken to have actual authority. But if the principal were to deny that she had conferred the authority, the third party who concluded the juristic act with the agent may have pleaded estoppel in replication. Shop for plus size church dress at Dillard's.
Ready to wear. Arrives with a finished hemmed to avoid extra tailoring. Kenyan Courts are yet to encounter a case where a director of a company enters into an agreement with an employee and thereafter denies that the official had authority to do so.
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The law had always treated estoppel in the field of contracts as distinct. Her liability may have been based on either estoppel or the principle of objective theory of contract. In the system, as was in many similar systems of appeal, the cold record placed before the Appeal Court did not capture all that occurred at the trial. The disadvantage was that the Appeal Court was denied the opportunity of observing witnesses testify and drawing its own inferences from their demeanour and body language.
On the contrary, that was the advantage enjoyed by every trial court. Hence an appeal court must have deferred to the Trial Court when it came to factual findings. Interference with the factual findings made by the Trial Court was neither necessary nor justified. Ordinarily appeal courts were reluctant to interfere with factual findings made by trial courts, more particularly if the factual findings depended upon the credibility of the witnesses who testified at the trial.
Subject to the provisions of this Chapter and of Chapter IV, a debt shall be extinguished by prescription after the lapse of the period which in terms of the relevant law applies in respect of the prescription of such debt. Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. Based on the Applicant’s idea Vodacom developed a new product which was called, “Please Call Me” . The product enabled a cellphone user with no airtime to send a message to the other cellphone user, asking that person to call. Vodacom’s internal newsletter stated that thanks to the Applicant who suggested the service to the product development team, which took up the idea, Vodacom had launched a new product called ‘Please Call Me’.
