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Part A The issue in the given situation is whether Perry could enforce the contract between him and

Ted. Agency is defined in Section 135 in the Contracts Act 1950 as the relationship which subsists between the principal and the agent, who has been authorized to act for him or represent him in dealing with others. Section 184 (a) of the Contracts Act 1950 states that an undisclosed principal may acquire the performance of the contract by the 3rd party even thought the third party does not know that there is a principal. Section 184 (b) of the Contracts Act 1950 states that a principal who discloses himself before the contract is completed will not be able to enforce the contract if the 3rd party can show that the identity of the principal was material to the contract. However, the principal will be unable to enforce an agents contract if the agent had described himself as the owner to the 3 rd party. In the case of Humble v Hunter, the principal was the owner of the ship. He authorized an agent to make a contract in respect of the ship. The agent entered into a contract with the 3rd party but described himself as the owner of the ship. It was held by the court that the principal was not able to enforce the contract. Imelda had described herself as the owner of the house to Ted when she had entered into a contract with him. As a conclusion, Perry is not able to enforce the contract between him and Ted.

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