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 ?
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.
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.
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.
2d at 208-09 (acknowledging the existence of apparent agency authority); Smith v.
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.
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.
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 .
A PO may also be held liable for the negligence of a nonemployee physician under the theory of ostensible or apparent agency.
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.
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.