ostensible authority


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ostensible authority

n. apparent authority to do something or represent another person or entity. (See: apparent authority, ostensible agent)

ostensible authority

authority that appears from the circumstances to exist whatever the reality may be. The manager of a shop has ostensible authority in relation to many transactions, regardless of what authority the owner may actually have given him. See AGENCY, APPARENT AUTHORITY.
References in periodicals archive ?
On numerous occasions, parties have expended considerable time and expense in arbitral proceedings only to have an award set aside by the UAE courts because the signatory to an arbitration agreement did not have the requisite authority to bind a party to arbitration (even if the signatory may have had apparent or ostensible authority to do so).
It also remains unclear whether basic contract legal elements, such as capacity and apparent or ostensible authority, would apply or how concepts of offer and acceptance, certainty and consideration would work in this environment.
Ostensible authority exists where the insurer intentionally (or carelessly) causes a third person to believe someone who is "not really employed" by the insurer is its agent.
Mr Leviev further submitted that General Kopelipa was not expressly authorised by him, because Mr Gaydamak constituted General Kopelipa as his agent first, and, that ostensible authority was almost impossible in the case of a one-off agent, such as General Kopelipa.
Although agency can also arise by virtue of statute and by the principal's later ratification of the unauthorized agent's earlier deeds, perhaps the most fascinating problems arise under what is sometimes called "agency by estoppel," referring to situations in which an "agent" acts with the apparent or ostensible authority of the principal.
The court made it clear that could be construed to mean that the hospitalists, although not employed the hospital, were its agents under a theory of ostensible authority, such the hospital could be held vicariously liable for their conduct, the court concluded the lower court did not err.
Agency is currently dealt with in the GPCL, and the Contract Law, and the Supreme People's Court has found it necessary to issue a number of Interpretations to deal with issues related to apparent or ostensible authority and estoppel.
As the evening's presenter and an ostensible authority figure in the space, Frank rehearses a position overdetermined by prior Sherry performances, and thus the action consummates rather than interrupts the work (or, to be accurate, the former is the consequence of the latter).
However, Sefton claim Mr Lunt, who has since been promoted to director of housing market renewal, did not have "actual or ostensible authority" to make CPO policy.
Buxton said that the deal was signed by Sanderson ``with the council's ostensible authority,'' and added: ``Those who dealt with Doncaster racecourse dealt with Mr Sanderson.''
The firm was held vicariously liable on the basis of ostensible authority, even though the fraud had not been committed for the firm's benefit.