It is interesting to question here, however, whether the courts' objective assessment of the apparent authority
of the "agent" might be compatible with an evaluation of the reasonable carriage of the risks created or encouraged by the principal, and whether this prospect might encourage the would-be principal to be slightly more cautious when embarking on novel forms of commercial transaction.
Importantly, this differs from RULLCA, which eliminates statutory apparent authority
in an LLC.
Cascades argues that the district court erred by concluding that no material factual issue exists regarding Nick Newton's apparent authority
to orally bind West Bend to workers' compensation coverage before the date West Bend approved coverage.
A principal must take some affirmative step in creating the appearance of authority, one that the principal either intended to cause, or "should realize" likely would cause a third party to believe that the putative agent has authority to act on the principal's behalf The principal's words, conduct, or other representation need not be witnessed directly by or made directly to the third party, but the representation of authority must be traceable to the principal for the principal to be liable on a theory of apparent authority
LEGAL COMMENTARY: It may be hypothetically debatable whether a hospital reputation induces a patient to seek treatment therein from a doctor with the apparent authority
of the institution, can be deemed a "blameless principal" when the doctor ultimately is guilty of medical malpractice.
Mortgage had actual authority to sell the disputed notes [the fraudulently sold mortgages] to Fannie Mae, it had apparent authority
to do so.
is when the employee carries a title that implies the ability to bind the company, such as manager or vice president.
The 12-member Guardian Council, made up of clerics and experts in Islamic law and closely allied to Khamenei, must certify election results and has the apparent authority
to nullify an election.
The computer may look like the Second World War Enigma machine, but pat the keys with apparent authority
while hiding the screen.
Such fights can go on and on; the companies are still disputing whether the branch manager had apparent authority
to give the warranties.
11) Actual authority may be express or implied, "as opposed to the apparent authority
that enables agents to bind other entities," in contracts not involving the government.
Guilsfield's apparent authority
was achieved through goals from Tom Coulson and Graham McGill (penalty).