Actual Authority


Also found in: Legal.

Actual Authority

The legal authority a person has as the result of a law or contract. For example, the owner of a house has the actual authority to sell it because the law states that he is the owner. Likewise, the president of the United States has the actual authority to sign or veto legislation. Persons with actual authority are legally liable for their actions. Actual authority is distinct from apparent authority. It is also called express authority.
References in periodicals archive ?
Actual authority includes express authority or implied authority.
Instances of actual authority arise when the principal, through its speech or conduct, objectively leads the agent to reasonably believe that he may act on behalf of the principal.
35) This Note contends that the Mazzei reasonable-impression test should inform all color-of-official-right cases, regardless of the defendant's actual authority.
The Duke's defence was that John Craig had no actual authority to enter into any such agreement on his behalf and that the agreement relied upon by Mr Ronald in support of his claim was tainted by illegality and/or was contrary to public policy and should not be enforced.
This source of authority is different from actual authority in that apparent authority is viewed by another party.
5) Agents whose authority arises from agreement are said to be endowed with the actual authority of their principals.
My firm, Wilson Elser, once defended an appointed agent for a property insurer who did not have actual authority to bind coverage on multi-unit residential properties, but completed a description of a building in an application based on driving by and viewing the building, as his agency contract required him to do.
The authors discuss the work of the Foundation to improve the effectiveness of Catholic school boards through the establishment of boards of limited jurisdiction with actual authority over school policy, finances, and governance.
The Introduction details Richards's aim to challenge the myths surrounding Elizabeth's apparently straightforward restoration of Protestantism, her celebrated Tilbury speech, her actual authority in relation to policy, and her influence over her infamous courtiers.
I have come to the conclusion that the state of Arizona would wield little actual authority over its 'state' exchange," she said.
I do think, however, that the FIO will continue and likely expand its involvement in international regulatory issues, both because this area is becoming increasingly important, and because the FIO has some actual authority here (unlike most areas of domestic regulation).
For one thing, the shadow authority behind the killing is in the end the actual authority, and its work is unimpeded by an (inexistent) parliamentarian majority, dialogue or cabinets of any kind.