apparent authority

apparent authority
apparent authority see authority

Merriam-Webster’s Dictionary of Law. . 1996.

apparent authority
n.
The authority an agent gains when a principal allows a third party to believe that the agent has such authority, whether or not it is part of the agent’s actual authority.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


apparent authority
the situation where, objectively looked at, it seems that an agent does have the authority of his principal. Where an agent has apparent authority to enter into a transaction, the fact that he lacks real authority will not necessarily render the transaction void; the appearance of authority will operate to create an estoppel preventing the principal from denying the existence of such authority. See agency.

Collins dictionary of law. . 2001.


apparent authority
The condition that arises if a third party believes that an agent has the authority to act for another person or company (called the principal) when that authority has not in reality been granted. If an agent acts with apparent authority, the agent's acts legally bind the principal. For example, a customer may believe that an employee who presents a contract on company stationery is authorized to sign that contract on behalf of the company. Even if the employee does not have the authority to enter into contracts, the company will be legally bound by the signed agreement.
Category: Business, LLCs & Corporations
Category: Employment Law & HR → Human Resources
Category: Wills, Trusts & Estates → Financial Powers of Attorney

Nolo’s Plain-English Law Dictionary. . 2009.

apparent authority
n.
   the appearance of being the agent of another (employer or principal) with the power to act for the principal. Since under the law of agency the employer (the principal) is liable for the acts of his employee (agent), if a person who is not an agent appears to an outsider (a customer) to have been given authority by the principal, then the principal is stuck for the acts of anyone he allows to appear to have authority. This "apparent authority" can be given by providing Joe Slobovia (who has no authority to contract) with materials, stationery, forms, a truck with a company logo, or letting him work out of the company office, so that a reasonable person would think Joe had authority to act for the company. Then the contract or the price quote given by Joe and accepted by a third party is binding on the company. Apparent authority may also arise when Joe works for the company, has no authority to contract, but appears to have been given that authority. Beware of the salesman who exceeds his authority or the hanger-on who claims to work for the boss.
   See also: agency, ostensible authority

Law dictionary. . 2013.

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Look at other dictionaries:

  • Apparent authority — (also called ostensible authority ) relates to the doctrines of the law of agency. It is relevant particularly in corporate law and constitutional law. Apparent authority refers to a situation where a reasonable person would understand that an… …   Wikipedia

  • apparent authority — In the law of agency, such authority as the principal knowingly or negligently permits the agent to assume, or which he holds the agent out as possessing. Such authority as he appears to have by reason of the actual authority which he has. Such… …   Black's law dictionary

  • apparent authority — In the law of agency, such authority as the principal knowingly or negligently permits the agent to assume, or which he holds the agent out as possessing. Such authority as he appears to have by reason of the actual authority which he has. Such… …   Black's law dictionary

  • apparent authority —    Appearing to be the agent of another (i.e., the employer or principal) with the power to act for her or him. Under the law of agency, the principal is liable for the acts (e.g., damage caused, contracts signed) of her or his employee (i.e.,… …   Business law dictionary

  • apparent authority — noun : the authority that an agent appears to have by reason of his actual agency or by such acts or conduct of the principal as estop the latter from denying the authority …   Useful english dictionary

  • apparent authority — That authority which, though not actually granted, the principal knowingly permits his agent to exercise, or which he holds him out as possessing. Ulen v Kneettle, 50 Wyo 94, 59 P2d 446, 111 ALR 565 …   Ballentine's law dictionary

  • apparent authority of insurance agent — Authority which, although not actually granted, the insurance company knowingly permits the agent to exercise, or which it holds him out to the public as possessing. 29 Am J Rev ed Ins § 146 …   Ballentine's law dictionary

  • agent's apparent authority — That authority of an agent which, though not actually granted, the principal knowingly permits the agent to exercise, or which the principal holds him out as possessing. In effect, an agent s apparent authority is, as to third persons dealing in… …   Ballentine's law dictionary

  • authority — au·thor·i·ty n pl ties 1: an official decision of a court used esp. as a precedent 2 a: a power to act esp. over others that derives from status, position, or office the authority of the president; also: jurisdiction b: the power to act …   Law dictionary

  • apparent — ap·par·ent adj 1: capable of being easily seen, perceived, or discovered apparent defects apparent ambiguity 2: having a right to succeed to a title or estate that cannot be defeated 3: appearing to one s senses and esp. one s vision or to one s… …   Law dictionary

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