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 ?
(362) Under this regime, misplaced reliance on an apparent agency would no longer be justified.
(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 similarly rejected the plaintiff's argument that the franchisee acted under BWWI's "apparent authority." 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.
The main challenge to this apparent agency of harmony between state and society came from liberals uneasy at the powers of a centralized state, for whom the English model of the Metropolitan Police represented the ideal.
`"The phrase `power of an agent' denotes the ability of an agent or apparent agent to affect the legal relations of the principal in matters connected with the agency or apparent agency." Id.
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. She stated that she read portions of the handbook but could not recall receiving the certificate.
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. This theory applies if a PO engages in conduct that leads a patient to reasonably believe that the entity, rather than the individual physician, is the provider of care.
Sullivan's opinion, what's fueling this trend is the plaintiffs desire to tap into the "deep pocket." For instance, when plaintiffs attorneys learned that the doctors they wished to sue were under-insured, and since hospitals were not liable for the negligence of the independent physicians working there, the theory of "apparent agency" was conceived, According to this theory, the plaintiff simply needs to be under the impression that the doctor worked for (i.e., was the agent of) the hospital.