Search Results for: apparent agent

apparent agent

apparent agent 表见代理人 指从表面上可以合理认定其有权为他人实施行为的人,而不管其是否享有实际代理权〔actual authority〕。它通常发生在由于被代理人的言语、行为、疏于适当注意或其他意图表示而使第三人合理地认为代理人具有代理权的情况下。亦作「ostensible agent」。 (→apparent agency)

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apparent authority

Authority that a third party reasonably believes an agent has, based on the third party’s dealings with the principal, even though the principal did not confer or intend to confer the authority. • Apparent authority can be created by law even when no actual authority has been conferred. — Also termed ostensible authority; authority by

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agency by estoppel

An agency created by operation of law and established by a principal’s actions that would reasonably lead a third person to conclude that an agency exists. — Also termed apparent agency; ostensible agency; agency by operation of law. [Cases: Principal and Agent 25(3), 137. C.J.S. Agency §§ 61, 157, 211.]

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unauthorized

unauthorized, adj. Done without authority; specif. (of a signature or indorsement), made without actual, implied, or apparent authority. UCC § 1-201(b)(41). [Cases: Principal and Agent 147–162. C.J.S. Agency §§ 110, 122, 166–173, 361–362, 372–377, 379–384, 389, 392, 395–404, 407, 410, 420, 422–431, 452–456, 458.]

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