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apparent authority
(redirected from apparent agency)

   Also found in: Medical, Financial, Wikipedia 0.01 sec.

apparent authority n. 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 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: agency, ostensible authority)



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COURT'S OPINION: The Supreme Court of New York, Albany County, held that the hospital failed to demonstrate, that it was not liable under an ostensible or apparent agency theory for the care the patient received in July 2006.
On the apparent agency issue, the court ruled against Foothill Thrift and in favor of the investors, because the loan proceeds were not used to further the business of Bodenwest, and it should have been obvious to Foothill Thrift that Bodenwest was not benefited by the loan.
Apparent agency arises when the principal either intentionally or "by want of ordinary care" misleads a patient into thinking that the agent is an employee of the principal.
 
 
 
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