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 ?

Under the partnership statutes in most states, a general partner has the apparent authority to engage in any act within the ordinary course of business of the partnership (and thus bind the partnership to an agreement), even if actual authority is lacking.

The pros and cons of LLCs: This popular entity choice serves a wide variety of purposes

Actual authority includes express authority or implied authority.

Properly document your deal and avoid pitfalls of casual contracting

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.

Imputed liability: How to determine when parent companies should be held liable for the patent infringements of their subsidiary companies

(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.

Private actors and public corruption: why courts should adopt a broad interpretation of the Hobbs Act

"Even the leadership of [Daesh] is refusing to talk or even say who is the actual authority that can carry out negotiations."

Daesh hostage situation more complex challenge

Hala -- Opposition leader in the National Assembly, Syed Khursheed Shah on Sunday said the actual authority does not lie with the Rangers but it lies with the law.

Real authority lies with law not Rangers: Khursheed Shah

The Ninth Circuit held that although Montelius did not have the actual authority to act as a general partner of the partnership, he had the apparent authority to do so, and this authority extended to the signing of consents to extend the limitation period.

Extension OK where individual had apparent authority to sign it

The duke claims that Craig had no actual authority to enter any agreement or negotiate on his behalf.

I played role in sting to get my Da Vinci back; Duke tells of police operation as lawyer sues him for PS4.25m

Pardew telling Match of the Day afterwards that the owner "loves" Newcastle sticks in the throat but it is typical of the black and white boardroom world view: thanks to the mutual mistrust that fans have for them the pair have now been cast as close allies, just with the manager wielding little in the way of actual authority.

Obertan answers United's thirst for points, but there is hard work ahead; THE MATCH: Newcastle United 1 Leicester 0

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.

Recovery of stolen art and the payment of rewards: Ronald v. Duke of Buccleuch

Authority to bind the insurer may be "actual" or "ostensible." People who are "really employed" by the insurer to transact business have actual authority.

Caught in a bind: although they serve a valuable need for insureds, binders can expose agents to serious E&O claims