Legal Definitions - express authority

Express authority refers to the power a person (known as the "agent") has to act on behalf of another person or entity (known as the "principal") because the principal has clearly and directly given them that power. This grant of authority can be made either in writing, such as through a signed contract, or through explicit spoken instructions. When an agent acts within this expressly granted authority, their actions legally bind the principal.

• Example 1: Real Estate Agent

  A homeowner, Sarah, wants to sell her house. She signs a written agreement with a real estate agent, Mark. This agreement explicitly states that Mark has the authority to list the house for sale, show it to potential buyers, and negotiate offers on Sarah's behalf, provided the final sale price is above a certain amount. When Mark presents an offer to a buyer that meets Sarah's specified conditions, and the buyer accepts, Sarah is legally bound by that agreement because she expressly authorized Mark to negotiate within those parameters.

• Example 2: Business Travel Assistant

  David, a CEO, tells his executive assistant, Emily, "Please book my flights and hotel for the conference in New York next month. I need a direct flight, first-class, and a suite at the Plaza Hotel." David has given Emily express oral authority to make these specific travel arrangements. If Emily books the flights and hotel exactly as instructed, David is legally obligated to pay for them, even though Emily made the reservations, because she acted precisely within the express authority he granted her.

• Example 3: Car Repair Authorization

  Maria takes her car to a repair shop and tells the mechanic, "I only want you to replace the worn-out tires with new all-season tires, and nothing else." This is an express oral instruction limiting the mechanic's authority. If the mechanic replaces the tires as requested, Maria is obligated to pay for that service. However, if the mechanic also decides to perform an oil change without Maria's explicit permission, Maria would not be legally bound to pay for the oil change because it falls outside the express authority she granted.