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Simple English definitions for legal terms

apparent authority

Read a random definition: Gifts to Minors Act

A quick definition of apparent authority:

Apparent authority is when someone seems to have the power to act on behalf of someone else, even if they were not given that power directly. This happens when the person watching thinks that the other person has the power to act on behalf of someone else because of their actions. This helps protect people who might get hurt if the person who seemed to have the power to act on behalf of someone else did not actually have that power. If someone has apparent authority, the person they are acting for will be responsible for what they do. This is important in agency law, which is the law that deals with how people can act on behalf of others. Sometimes, people have apparent authority just because of the position they are in, like a manager or treasurer. Even if the person they are acting for has put limits on what they can do, if those limits are not known, the person with apparent authority can still act as if they have the power to do those things.

A more thorough explanation:

Apparent authority is when an agent has the power to act on behalf of a principal, even if that power was not explicitly or implicitly granted. This power arises when a third party reasonably infers, from the principal's conduct, that the principal granted such power to the agent. This protects third parties who would otherwise incur losses if the agent's signature did not bind the principal after reasonable observers thought that it would. If an agent has apparent authority, the agent's principal will be held liable for the actions of the agent which are within the scope of the apparent authority.

One example of apparent authority is the "power of position." This refers to apparent authority that is created by appointing someone to a position which carries recognized duties, such as a manager or treasurer. In this situation, there will be apparent authority to do the things which are regularly and typically entrusted and expected of someone with the position title. For example, in Pasquarella v. 1525 William St., LLC, the manager of a company had the apparent authority to bind the company to contracts, regardless of whether he had actual authority.

Another example of apparent authority is when a principal places limitations on the agent's abilities, but these limitations are not known to a third party. In this case, the agent will still have the apparent authority to do those things. For instance, if a principal tells an agent that they can only sign contracts up to a certain amount, but the agent signs a contract for a higher amount without the third party's knowledge of the limitation, the principal will still be held liable for the contract.

Overall, apparent authority is an important concept in agency law that protects third parties and holds principals accountable for the actions of their agents.

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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