Dictionary of Law
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apparent authority :: legal definition


Apparent authority - n. the appearance of being the agent of another (employer or principal) with the power to act for the principal. 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 a 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 also: agency ostensible authority and Related Law Terms ↓


Related Law Terms

adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
employment :: n. the hiring of a person for compensation. It is ... ployment Workers' Compensation Acts
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority
ostensible authority :: n. apparent authority to do something or represent ... apparent authority ostensible agent
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates.
quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien