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Agency Ostensible authority refers to that type of authority which the principal, intentionally, or by lack of ordinary care, causes or allows third parties to believe the agent to possess. Ostensible authority is the apparent authority that an agent seems to have. An agent can never have the authority to do that which is a fraud upon the principal, nor does the agent have the authority to perform an act to which the principal is bound to give personal attention (since a principal cannot delegate to an agent any task which necessitates the principal's involvement). www.retrainers.com /samplece/agency.htm   (2037 words)

South Bucks District Council v Flanagan and another   (Site not responding. Last check: 2007-10-16) Actual authority of an advocate to withdraw a local authority's criminal prosecution of the defendant in the magistrates' court for failure to comply with an enforcement notice issued under the Town and Country Planning Act 1990 did not give that advocate ostensible authority to withdraw the enforcement notice itself. It is impossible to regard it as part of the usual authority of a solicitor, appointed to prosecute for breach of the enforcement notice, to agree to withdrawal of the underlying notice. It would put local planning authorities, who exercised their powers in the public interest, at the mercy of every advocate instructed to prosecute for such a breach if they were to be held bound by an agreement or representation by that advocate as to the future validity and force of an otherwise unimpeachable enforcement notice. www.lawreports.co.uk /civmayb0.8.htm   (544 words)

Authority of the Agent   (Site not responding. Last check: 2007-10-16) Ostensible (or apparent) authority arises when the alleged principal makes a representation, often by conduct, to a third party, that a person is authorised to act on his behalf (even though he may not be) and the third party relies upon that representation. Ostensible authority must be distinguished from the implied authority, which arises from an agreement. Ostensible authority is never given by the principal; it is the law that vests an agent with such an authority. www.accademy.com /publications/studentaccountant/773126   (2124 words)

What The California Civil Code Says About Agency/Agents Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess. Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess. To make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made. www.lectlaw.com /files/bul16.htm   (1456 words)

[No title] An agent's ostensible authority[25] is the authority as it appears to others, regardless of any limit to the agent's authority agreed between principal and agent.[26] Ostensible authority can arise as a matter of law even where the principal did not give consent. This is because the CL doctrine of ostensible authority is a branch of estoppel. Therefore the customary authority under section 129(3), like implied usual authority under the general law, depends on the particular office held, the type of company and the kind of business it conducts viewed against what is customary or usual in a similar office in a similar company carrying on a similar business.[149] 134. www.murdoch.edu.au /elaw/issues/v9n3/krawitz93.txt   (14188 words)

Kett v. Shannon The essence of ostensible authority is that it is based on a representation by the principal (the vendor) to a third party (the purchaser) that the alleged agent (the mechanic) had authority to bind the principal by the transaction he entered into. The law on ostensible or apparent authority is fully and illuminatingly dealt with by Diplock LJ in Freeman and Lockyer v Buckhurst Park Proper­ties (Mangal) Ltd [1964] 2 QB 480. It appears, from that judgment, that ostensible authority is created by a representation by the principal to the third party that the agent has the relevant authority, and that the representation, when acted on by the third party, operates as an estoppel, precluding the principal from asserting that he is not bound. www.ucc.ie /law/irlii/cases/7308p_82.htm   (978 words)

Loretta J. Delaney   (Site not responding. Last check: 2007-10-16) Ostensible authority must arise, if at all, from statements or actions of the principal that lead the third party to believe that agency exists. While there may be cases where a co-employee may be deemed an employer’s supervisor or agent under a doctrine of ostensible authority for purposes of receiving statutory notice of injury, ostensible authority must arise, if at all, from statements or actions of the principal that lead the third party to believe that agency exists. Ostensible authority must arise, if at all, from statements or actions of the principal which have led the third party to believe that an agency relationship existed. wcc.dli.state.mt.us /d/DELANEY_L_FFCL.htm   (2098 words)

Legal Resources: Law review articles, federal cases & newspapers Authority that a principal intentionally confers on an agent, including the authority that the agent reasonably believes he or she has as a result of the agent's dealings with the principal. Authority given to the agent as a result of the principal's conduct, such as the principal's earlier acquiescence to the agent's actions. The use of the terms "primary' and "secondary' authority, as applied in the concrete sense, must not be confused with the use of the terms "imperative' and "persuasive' authority, as used in the abstract sense. www.secretjustice.org /law_reviews.htm   (6132 words)

Harris v Richard Lawson Autologistics Ltd   (Site not responding. Last check: 2007-10-16) An employer was entitled to assume and act on the conduct of a union shop steward, elected by the employees as their union representative, that he had ostensible authority to vary the employment contract to bind the employee. What ostensible authority a shop steward enjoyed and its limitations should be a question of mixed fact and law to be resolved according to the facts of each individual case. It was a plain case of apparent or ostensible authority. www.lawreports.co.uk /civmarb0.9.htm   (284 words)

BelizeLaw.Org > The Supreme Court of Belize > The former Chairman of the Authority testified on behalf of the respondent that the board approved the grant of the leases and authorized him to sign the leases and affix the seal of the Authority thereto. Lumor that the fact that the Authority had apparent authority to enter into an agreement like the leases in the instant case, was not a basis for the assertion that the former Chairman had legal authority to enter into leases on its behalf. In the leases to UETA, the seal of the Authority was affixed to the lease and authenticated by the signatures of the chairman and the secretary. www.belizelaw.org /judgements/dec_2002/17_of_2000.html   (6392 words)

Describe in detail the difference between actual and ostensible authority. If the agent acts out with his actual authority but within his ostensible authority, the principal is bound by the contract with the third party. However, as he acted beyond his actual authority and disobeyed his principal, he will be in breach of their agency agreement and, consequently, the principal could sue him or terminate the agreement. If the agent acts out with his actual and his ostensible authority, the principal will not be bound by the contract with the third party, although, he might choose to ratify the contract and make it valid. www.coursework.info /i/46879.html   (631 words)

Topical Issues. TMT. Sign here   (Site not responding. Last check: 2007-10-16) The deciding issue was whether or not, as far as Pharmed was concerned, the employees concerned appeared to have that authority (this is generally referred to in legal terms as having "ostensible authority"). Pharmed, on the other hand, argued that it had never been told of any limit on S or K's authority and therefore it couldn't be expected to know, or even to suspect, that they were acting outside the terms of the authority given to them by Univar. Accordingly, the Court of Appeal said that S had ostensible authority to enter into the contract on behalf of Univar, and Univar would be bound by it. www.taylorwessing.com /topical/telecommunications/0303_sign_here.html   (940 words)

Larry B. Good   (Site not responding. Last check: 2007-10-16) Moreover, this is not a case in which a co-employee may be deemed an employer's supervisor or agent under a doctrine of ostensible authority. Ostensible agency is established "when the principal intentionally or by want of ordinary care causes a third person to believe another to be an agent." Larsen v. Ostensible agency is established "'when the principal intentionally or by want of ordinary care causes a third person to believe another to be his agent.'" Larson v. wcc.dli.state.mt.us /G/GOOD_LB_FFCL.htm   (3538 words)

Ostensible Authority in Public Law Even if a statute does not expressly authorise delegations of power, authority to delegate, or to act through the agency of others, may be implied. Whether such authority is implied depends on a range of considerations, among them the nature and purpose of the power, the occasions on which the power is to be exercised and matters to be taken into account in exercise of the power, and the status of the repository of the power. This article explores the ways in which courts have attempted to resolve problems of the kinds described above by principles of ostensible authority and closely related principles of estoppel in pais, that is, principles regarding estoppels generated by representations about past or present states of affairs. www.cdu.edu.au /law/apl/journalarticles/library_cards/campbell4.htm   (270 words)

[No title]   (Site not responding. Last check: 2007-10-16) Two types of authority that an agent of a company might have: actual authority; and apparent authority (sometimes termed ostensible authority). Apparent authority can arise even where the principal has not in any way agreed that the agent can act on behalf of the principle — thus centred on acts which a reasonable person would infer as the agent having a certain range of authority. The outsider may be able to prove that the purported agent had enough implied actual authority or apparent (ostensible) authority to be able to bind the company, and may be further assisted through application of the common law “indoor management rule”. www.ecom.unimelb.edu.au /accwww/subjects_acc/686/SEMINARS23&24.doc   (1945 words)

UK Company Members Authority ☞ The Company Directors Authority. The Company Secretary Authority. Setting, Forming ... Broadly speaking, unless a party to a contract has authority to enter into that contract, the validity of the contract may be challenged or even rendered void. The authority of the board is derived from the members via the Articles. By virtue of this position, the secretary has authority to bind the company in terms of such administrative duties (ostensible authority), but may not be able to enter into commercial contracts except with the authority of the board. www.ukincorp.co.uk /s-2F   (1558 words)

CATHOLIC ENCYCLOPEDIA: Apocrypha The ostensible purpose of these deliverances is to confirm the Mosaic laws and the admonitions in Deuteronomy. Lipsius, a high authority, is of the opinion that the Abgar correspondence goes back to the reign of the first Christian ruler of Edessa, Abgar IX (179-216), and that it was elicited by a desire to force a link uniting that epoch with the time of Christ. At a very early period orthodox writers and, presumably, ecclesiastical authorities found it necessary to distinguish between the genuine inspired books and a multitude of spurious rivals -- a fact which is a very important element in the formation of the Christian canon. www.newadvent.org /cathen/01601a.htm   (13310 words)

GAYMARK INVESTMENTS PTY LTD v. NICHOLAS and SEVASTI TSANGARIS and EMMANUEL and GARFALIA GERAKIOS No. AP.1 of 1986 Legal ... The trial judge (Lord Alverstone C.J.) considered it a case of ostensible authority (he uses the term "apparent" authority) and his view was that if the arrangement had been a final settlement of the action it would be binding on the plaintiff even assuming she had limited her counsel's authority. But, it is said that authority of counsel is limited to the issues in the action and the compromise involved collateral matters outside that authority and which do not bind the client unless the client expressly consents. But it does not seem to me to affect the question of ostensible authority, that is the persona which counsel presents to the court and to his opponent. www.nt.gov.au /ntsc/doc/sentencing_remarks/0/87/0/NS000320.htm   (18029 words)

EAA Publications   (Site not responding. Last check: 2007-10-16) Actual authority is the authority which the principal has given the agent by means of words or writing (known as "express authority") or is regarded by the law as having been given the agent in order to enable the agent to accomplish the task he is appointed to do (known as "implied authority"). The scope of the actual authority of the agent is therefore to be ascertained from the oral or written agreement between the principal and the agent, the usage of the trade, the course of business, or dealing between the two parties. If the agent enters into a contract with a third party pursuant to his actual authority, the contract so entered into will create contractual rights and liabilities between the principal and the third party. www.eaa.org.hk /publications/pub_agency5.htm   (226 words)

Collective Moral Responsibility [Internet Encyclopedia of Philosophy] Vicarious liability, whether in ethics or the law, is a responsibility arrangement in which the party held to be liable to punishment or other responsive measures is not the party that performed the morally or legally faulty action that caused some harm or other untoward consequence. An example of vicarious liability applied to individuals is the assumption in some organizational settings that the person at the top of the hierarchy of authority is ultimately liable for the actions of the organization and its members. The ostensible goal of this study was to examine the natural course of untreated syphilis. www.iep.utm.edu /c/collecti.htm   (7293 words)

Grant v. Norway The case decides that a ship's master has neither the actual nor ostensible authority of the shipowner to sign bills of lading for goods which are not loaded on board the ship. It is generally regarded as a troublesome authority, taking a much narrower view of the liability of masters for the misconduct of their agents than in later cases, e.g. In The Ocean Frost, the Court of Appeal treated ostensible authority as co-extensive with course of employment for vicarious liability purposes (though statements in the House of Lords in the same case are in less general terms). ourworld.compuserve.com /homepages/pntodd/cases/cases_g/grant_n.htm   (870 words)

ATO Legal Database - GSTR 2000/D20 (Finalised) - Goods and services tax: agency relationships and the application of ...   (Site not responding. Last check: 2007-10-16) The authority for the agent to act for the principal in this circumstance is termed 'ostensible authority'. Actual authority arises where a principal grants, and an agent accepts, authority for the agent to perform specific tasks on behalf of the principal - in short there must be a consensual agreement between the principal and agent. When an agent uses his or her authority to act for a principal then any act done on behalf of that principal is an act of the principal. law.ato.gov.au /atolaw/view.htm?locid=DGS/GST2000D20/NAT/ATO   (10124 words)

Ostensible authority An elementary legal concept that authority is implied, though a lawyer would point out the subtle distinction between ostensible and implied authority. Ostensible authority is the basis for most dealings in financial markets. Two people putting together a transaction each rely on the other's ostensible or apparent authority to deal on behalf of his or her company. www.anz.com /edna/dictionary.asp?action=content&content=ostensible_authority   (143 words)

Solomon Islands Housing Authority v Onio [1989] SBCA 1; CA-CAC 002 of 1989 (11th December, 1989) A Loans Officer does not seem, to us at least, a likely person to have the authority of the appellant to make contracts of sale, but, putting that to one side, if an agreement was. Where the vendor has legal authority, either to terminate the rights of the third party, or to compel his concurrence or co-operation, specific performance may obviously be decreed. Tyler [1973] 1 All E.R. 897, a decision of Megarry J., is authority for the proposition that where the vendor's right to require the concurrence of the third party involves his engaging in difficult and expensive litigation, specific performance is unlikely to be decreed. www.paclii.org /sb/cases/SBCA/1989/1.html   (1878 words)

Blast Effects This authority is used because it tends to state the case in a thorough and generally well-supported manner. There is a great deal of discrepancy in casualty figures reported by authorities, in part because it is not known precisely how many were present at the time of detonation. From other authorities it was possible to learn that approximately 20% of the initially injured at Hiroshima tended to die within 4 months]. www.nukefix.org /weapon.html   (9526 words)

Ostensible Authority -- resources Excerpt:...that the Halls are estopped to deny John's ostensible authority. Excerpt:...the IEB’s ostensible authority to bind UPGWA in this manner was reasonable. Excerpt:...of" ostensible authority to exercise influence over the plan as a trustee. bankruptcy.mongabay.com /resources/Ostensible_Authority.html   (929 words)

United States Credit Bureau, Inc. v. Cheney (1965) 235 CA2d 357 Appellant urges that there was ample evidence to show ostensible authority on the part of Milford as a matter of law, since there was no showing of any kind that respondent ever gave actual or any notice to Edison of the revocation of the authority his father had exercised as to Ranch 1. [3] It is settled that "ostensible authority arises as a result of conduct of the principal which causes the third party reasonably to believe that the agent possesses the authority to act on the principal's behalf. Code, § 2300.) [4] Ostensible authority may be established by proof that the principal approved prior similar acts of the agent. online.ceb.com /calcases/CA2/235CA2d357.htm   (1099 words)

Prospect Industries v Anscor Pty Ltd and Ors [2003] QSC 296 Count contended that Woodrow had no actual authority to act on behalf of Count in making the alleged representations, that there was no holding out by Count of Woodrow as agent, and that Hope did not understand Woodrow to be representing Count. Therefore, even if the action was outside the actual authority of the representative, (but within ostensible authority), Count would still be liable as regards the client, but might be without insurance cover. [73] The scope of ostensible authority is determined by the representation of authority made by the principal. cclsr.law.unimelb.edu.au /judgments/states/qld/2003/september/2003qsc296.htm   (10328 words)

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