Nemo agens in causa sua

The basic principles of contract →Go uptown Formation: capacity and authority · representation · misrepresentation · offer · acceptance · consideration · intention to create legal relations · agreement to agree · privity of contract oral vs written contract · principal · agent Interpretation and change: governing law · mistake · implied term · amendment · assignment · novation Performance: force majeure · promise · waiver · warranty · covenant · sovereign immunity · illegality · severability · good faith · commercially reasonable manner · commercial imperative · indemnity · guarantee Breach: breach · repudiation · causation · remoteness of damage · direct loss · consequential loss · foreseeability · damages · contractual negligence · process agent Remedies: damages · adequacy of damages ·equitable remedies · injunction · specific performance · limited recourse · rescission · estoppel · concurrent liability Not contracts: Restitution — quasi-contract — quasi-agency Index: Click ᐅ to expand: Contract Tort Restitution Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

A Latinism I made up in December 2022, based on the more famous nemo iudex in causa sua: “one cannot be one’s own agent”. The bleeding obvious, you would think, but you would be surprised how resourceful structurers hit upon interposing a ghostlike agency arrangement between to desks or divisions of the same legal entity to get around some accouting or regulatory inconvenience.

An agent which represents itself has got a special name in legal parlance: a “principal”.

See also

• Agency
• Principal