In Gaydamak various refined issues relating to the law of agency, actual and
ostensible authority, fraudulent misrepresentation, consideration, entire agreement and intention to create legal relations rubbed shoulders with a net of colourful if shadowy facts.
On appeal, Justice Estey for the majority of the Supreme Court held that CanLab had made no representations to Engelhard as to Cook's authority until the referral was made (to Cook) after Engelhard's original inquiry in October 1966 about the timing of payments, thereby equipping Cook with ostensible authority to act from that point on.
Fridman remarks that "[i]f an agent did not have ostensible authority to enter into a transaction ...
He relied on seven [overlapping] points ...: [1] the need for finality in litigation; [2] the submission that Collie had
ostensible authority to agree to a compromise on behalf of Mrs.
Her Honour argued that the doctrine of
ostensible authority used in Lloyd is a species of estoppel, and that the only principled way to have vicarious liability for an intentional act is on the basis of estoppel.
Mintz dissecting the prime-time habit of placing impossibly groomed fashion plates in positions of
ostensible authority, and offers persuasive evidence that televised female power is usually undercut by a "feminine" core of sex appeal and insecurity.
If an officer, acting within the scope of his
ostensible authority, makes a representation on which another acts, then a public authority may be bound by it, just as much as a private concern would be.'
In fact, there are many scenarios in which a hospital may be held liable for the acts of one who is not its employee, the most obvious of which are cases in which a hospital has allowed one who is not its employee to act with
ostensible authority as a representative of the hospital.
In a defence document seen by the Daily Post, Sefton's legal team say Mr Lunt, who has since been promoted to director of housing market renewal, did not have "actual or
ostensible authority" to make CPO policy.
Mr Justice Tugendhat found that Sanderson had no actual authority to enter into the agreement but did have 'apparent or
ostensible authority'.
At the end of a 23-page written judgement, Mr Justice Tugendhat concluded that 'Sanderson had no actual implied authority to enter into the agreement' but that he 'did have apparent or
ostensible authority' because the council had allowed Sanderson to be seen as representing it in various negotiations.
It is respectfully submitted that had the plaintiff been able to prove that as a result of her seeing the hospital presenting itself to the community as a birthing hospital, and she, acting in reliance thereon, chose to deliver her child at the hospital, the plaintiff would have had a much stronger case of either apparent or
ostensible authority. However, that was not the case.
