implied agency
An actual agency arising from the conduct by the principal that implies an intention to create an agency relationship. Cf. express agency. [Cases: Principal and Agent 99. C.J.S. Agency §§ 153–164.]
Search Results for: implied agency
implied authority
Authority intentionally given by the principal to the agent as a result of the principal’s conduct, such as the principal’s earlier acquiescence to the agent’s actions. — Also termed presumptive authority. [Cases: Principal and Agent 99. C.J.S. Agency §§ 153–164.]
express agency
An actual agency arising from the principal’s written or oral authorization of a person to act as the principal’s agent. Cf. implied agency. [Cases: Principal and Agent 96. C.J.S. Agency §§ 148–149.]
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.]
government security
A security issued by a government, a government agency, or a government corporation; esp., a security (such as a Treasury bill) issued by a U.S. government agency, with the implied backing of Congress. — Also termed government-agency security; agency security. [Cases: Securities Regulation 5.29; United States 91. C.J.S. Securities Regulation § 25; United States §§
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confidential source
confidential source. A person who provides information to a law-enforcement agency or to a journalist on the express or implied guarantee of anonymity. • Confidentiality is protected both under the Federal Freedom of Information Act (for disclosures to law enforcement) and under the First Amendment (for disclosures to jour-nalists). [Cases: Witnesses 196.1, 216(4).C.J.S. Witnesses §§
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actual authority
Authority that a principal intentionally confers on an agent or authority that the agent reasonably believes he or she has as a result of the agent’s dealings with the principal. • Actual authority can be either express or implied. — Also termed real authority. [Cases: Principal and Agent 96, 99. C.J.S. Agency §§ 148–149, 153–164.]
negotiorum gestio
negotiorum gestio (ni-goh-shee-or-[schwa]m jes-chee-oh), n. [Latin “management of another’s affairs”] Roman & civil law. A quasi-contractual situation in which an actor (negotiorum gestor) manages or interferes in the business transaction of another person (dominus negotii) in that person’s absence, without authority but out of concern or friendship. La. Civ. Code art. 2292. • By such
governmental function
Torts. A government agency’s conduct that is expressly or impliedly mandated or au-thorized by constitution, statute, or other law and that is carried out for the benefit of the general public. • Generally, a governmental entity is immune from tort liability for governmental acts. — Also termed governmental act; governmental activity. See PUBLIC-FUNCTION TEST. Cf.
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governmental function
governmental function. Torts. A government agency’s conduct that is expressly or impliedly mandated or au-thorized by constitution, statute, or other law and that is carried out for the benefit of the general public. • Generally, a governmental entity is immune from tort liability for governmental acts. — Also termed governmental act; governmental activity. See PUBLIC-FUNCTION
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