Apparent Agency

Also found in: Medical, Legal.

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 ?

44) Through the apparent agency exception, a franchisor may be liable for its franchisee's actions if "apparent" agency can be established, even if the franchisee is not the franchisor's actual agent, and even if the franchisor has not retained significant control over the franchised business.

An international model for vicarious liability in franchising

and/or apparent agency, a plaintiff was entitled to pursue a negligence

Franza v. Royal Caribbean Cruises: the Eleventh Circuit opens the door for vicarious liability claims in the future

15) The court determined that Franza failed to put forth a plausible claim that Vaglio had in fact relied on the appearance of an agency relationship under her apparent agency theory.

Medical negligence - cruise line passenger may bring claim against ship owner for negligence of on-board physician under respondeat superior

The court held that a franchisee's mere use of a brand through mechanisms such as "logos, signage and marketing materials" was not enough to create an apparent agency relationship.

Arizona court: franchisor found not vicarious liable: courtland decision represents an important extension of widely adopted franchise law concepts to Arizona

Evidence of apparent agency includes the following:

The corporate hospital shell game: hospitals often use a maze of contracts to claim that negligent hospital-based physicians are independent contractors. But the law provides a basis for hospital liability

2d at 208-09 (acknowledging the existence of apparent agency authority); Smith v.

Are traditional agency principles effective for Internet transactions, given the lack of personal interaction?

Three theories are commonly used when franchisors and franchisees are sued by victims of criminal activity at a franchise operation: negligence, actual agency relationship, and an apparent agency relationship.

Liability on franchise premises: footing the bill for crime

Claiming negligent failure to diagnose cancer on the part of her primary care physician and an independent specialist, the plaintiff sued the HMO on the theory of apparent agency.

Current Decisions

In the second paragraph of Autobiography the ontological scene is set: amid the onslaught of events, the self provides only an apparent centering or agency, always subject to readjustments and recentering: "The great flood of seeming chaos had only one apparent agency for its signifying order, and that was oneself .

Creeley's eye and the fiction of the self

A PO may also be held liable for the negligence of a nonemployee physician under the theory of ostensible or apparent agency.

Legal issues in accepting capitation

The court granted the plaintiff's petition for review to resolve the question of when a nonnegligent person or entity may be held vicariously liable on an apparent agency theory for physical injuries negligently inflicted by a medical professorial.

Patient alleged medical office LLC liable for Dr.'s negligence

It is interesting to note that Minnesota is one of the few states which fail to recognize the doctrine of apparent agency, which is also known as the doctrine of ostensible agency.