Contracts and Third Parties

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Judgment 72/2011, which iterated this fundamental rule. In the case at hand, the claimant had contracted with the respondent through the latter's employee, who lacked capacity under the circumstances of the contract. The claimant was in bad faith about the employee's capacity. The Court held that the respondent was not liable for the acts of its employee (a third party). 3 See Court of Appeal Judgments 255/2017 and 277/2017, where the Court reversed a first instance judgment rejecting the effects of a subsidiary warranty agreement. It explained that