Critical Examination of the Ugandan Law of Agency Uganda

Byenume Andrew

School of Law, Kampala International University, Uganda

ABSTRACT

This article examines the Ugandan law of agency. Recognizing the multi-party nature of agency transactions, one should distinguish the agency aspects of a problem from basic tort or contract law. Problems dealing with basic tort or contract principles generally require an analysis of whether or not there was a tort or contract duty; whether that duty was breached; and whether the defendant’s breach caused compensable injury to the plaintiff. Agency analysis, however, is not concerned with whether there is any liability, but to whom the liability runs.   It is on this basis that this article noted that since the Law on Contract aims to provide an effective legal framework for contracting parties to resolve their disputes and regulate their contractual obligations, this should be always self-regulatory, with the majority of contracts requiring no intervention. The courts should be making no consideration for whether the contract is fair or not; if it is agreed, it should be enforced. Despite this, on some occasions, the courts should be departed from the principle of contractual freedom. This should be applied where there has been an abuse of bargaining power by one contracting party. It is equally recommended that contracts should contain clauses addressing recourse in the event of a dispute. In addition to hopefully deterring certain actions by spelling out the consequences, this contract language can actually help guide the parties, or perhaps an arbitrator or judge, in figuring out how the dispute should be addressed.

Keywords: Agency transactions, Breach of contract, Contractual agreement, Law of agency, Principal-servant relationship

CITE AS: Byenume Andrew (2024).Critical Examination of the Ugandan Law of Agency Uganda. RESEARCH INVENTION JOURNAL OF CURRENT ISSUES IN ARTS AND MANAGEMENT 3(3):14-19.