As I explain in my book "E(https://uwpress.wisc.edu/books/5067.htm) mergency Presidential Power ," presidents generally claim emergency power two ways: through inherent or implied authority
under the U.S.
Referring to the objection raised by Justice Irfan in his petition challenging the authority of the SJC of devising its own rules, the Supreme Court had held that SJC Procedure of Enquiry, 2005 reflected the implied authority
of the council to do all acts and employ all means necessary to exercise the jurisdiction conferred and to fulfil its mandate in accordance with the Constitution and hence were legally valid and effective in law.
This is based on the rule that any act performed by a lawyer within the scope of his general or implied authority
is regarded as an act of his client.
Actual authority includes express authority or implied authority
. Express authority is delegated to an agent by the words of the principal (e.g., your company) that expressly and directly authorize the agent to do an act or series of acts on behalf of the principal.
The Commission did not have the express or implied authority
The other means by which authority can be determined is through what is known as "implied authority
With this scenario in mind, the case law on apparent and implied authority
is examined with reference to the prospect of agent self-authorization.
Cascades acknowledged that, based on AIA's agency agreement with West Bend, Nick Newton had no actual or implied authority
to issue the workers' compensation policy before its approval by West Bend.
It is a basic principle of agency law that an agent can bind a principal only within the limits of the agent's express or implied authority
. So SCD could succeed only if it could show that LAL's authority from Accidia (under the Accidia Agency Agreement) was wide enough to allow LAL to agree a net price basis with SCD.
The heart of physician identity theft is misusing physician prescribing power and the implied authority
and legitimacy of their names to shield illegal activity.
The court thus concluded that local governments had implied authority
under the Act to ban all billboards and that the city's ordinance was valid.
Any adult acting as an escort will, in the public gaze, be viewed as acting with the full acquiescence of the council and hence with its implied authority