Etymology: gestio - are: to act
- (Law) a manager of another's affairs.
- STANDARD BANK FINANCIAL SERVICES LTD v TAYLAM (PTY) LTD 1979 (2) SA 383 (C) @p388.
::his quasi- contractual relationship was brought about where the , acting without a mandate, rendered a service to the dominus - in this instance the debtor - and in doing so acted reasonably and in the interest of the dominus with the intention not only of administering the affairs of the dominus but also of being compensated for such administration. This action fell away if the did not intend to serve the dominus, ie the mistakenly thought he was administering his own affairs or made payment of a debt sui lucri causa. There is a basic difference between the gestores in these two instances. In the first the acted bona fide, but in the mistaken belief that he was serving the dominus. In the latter instance he acted mala fide in his own interest. These two classes of can be described respectively as the bona fide gestor and the mala fide gestor. Neither of them could sue as negotiorum gestoris as neither had the intention to serve the dominus. If, however, the dominus had been enriched at their expense they were each given the right to recover from the dominus on the grounds of unjust enrichment. The bona fide in terms of D 3.5.48 and D 12.1.23 and the mala fide in terms of D 126.96.36.199.(6.3) which provides:
"We may add that, if a man has managed my affairs with no thought of me, but for the sake of gain to himself, then, as we are told by Labeo, he managed his own affairs rather than mine (and, no doubt, a man who intervenes with a predatory object aims at his own profit and not at my advantage); but nonetheless, indeed all the more, will such a one too be liable to the action on negotia gesta. Should he himself have gone to any expense in connection with my affairs, he will have a right of action against me, not to the extent to which he is out of pocket, seeing that he meddled in my business without authority, but to the extent to which I am enriched"
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