Apparent Agency

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Apparent Agency

A situation in which a person or company inaccurately claims to be an agent for another person or company and conducts some act in that capacity, but which the principal (who is not actually a principal) later accepts and recognizes. Because the agent is not actually an agent, any act he/she conducts on behalf of the principal ordinarily would be invalid; however, agency by ratification exists because the "principal" confirms the act.
References in periodicals archive ?
14) Such (implied) ratification or apparent authority is problematic because it raises as a countervailing consideration the legitimate interests of third parties.
Cascades challenged the district court's summary judgment and dismissal of their claims seeking reformation of a workers' compensation policy with West Bend to reflect a policy date before an employee's accident, arguing that appellant insurance agent had apparent authority to orally bind coverage on the earlier date.
In the 1990s, a flurry of Utah lawsuits and bankruptcies involving a man named Dean Larsen illustrated the difference between real and apparent authority.
15) Before binding the government, an official must have more than apparent authority, unlike a private agent whose conduct is not regulated to the extent of a government employee.
If it is tarnished, it is by the silliness of this sort of remark from Jones whose readiness to spout hunches with such apparent authority must often fool people into believing that his opinions are close to the accepted gold standard.
Santorum's promotional team member engaged in a conspiracy to violate the plaintiffs' rights, the suit says, "by using the apparent authority of Defendant DiJiacomo to threaten Plaintiffs with arrest, eject them from the Store, and arrest Plaintiffs Galperin and Rocek, solely because of their political views and without probable cause.
It covers relationships resulting from durable powers of attorney, powers given as security, irrevocable proxies, actual and apparent authority, the creation and termination of agents and principals, and the duties of agents and principals to each other.
Circuit's recognition that requiring anything less than actual authority would mean that any attorney "would nearly always have apparent authority to end the case, despite the wishes of his client.
Hacsi's book is not only directed at politicians, the media and others who declaim on educational issues with apparent authority, but at the scientific community which has failed to agree criteria, standards and procedures for rigorous investigation.
25) The only requirement for valid consent is that a person with actual or apparent authority give voluntary consent.
For example, if a manager with apparent authority makes verbal promises of job security, promotions or pay raises, an employee who can prove such an oral contract may hold your organization to those promises.
In other words, the Supreme Court made clear that associations are to be held strictly liable for the activities of volunteers who have the apparent authority of the association.