apparent agency


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apparent agency

Ostensible agency Medical malpractice A relationship in which a person–eg, a physician, has a relationship of responsibility with an entity–eg, a hospital. See Captain of the ship doctrine, Malpractice.
References in periodicals archive ?
Therefore, the penetration of the transactions of an attorney after the client death should be clarified by an apparent agency conditioned to the commission during the transaction with other third parties virtually.
BWWI moved for summary judgment, arguing that it should not be held vicariously liable because the plaintiff had failed to show either actual or apparent agency.
The court held, inter alia, that the alleged negligence of a physician whose purportedly negligent acts or omissions were not evaluated by the prelitigation screening panel may not later be brought into the litigation based on a theory of apparent agency.
LEGAL COMMENTARY: The allegedly negligent acts of a physician whose acts or omissions were not evaluated by the pre-litigation screening panel may not later he brought into the litigation, based on the theory of apparent agency.
Generally referred to as ostensible agency, this theory is also referred to as agency by estoppel, apparent agency, and apparent authority (9).
On the apparent agency issue, the court ruled against Foothill Thrift and in favor of the investors, because the loan proceeds were not used to further the business of Bodenwest, and it should have been obvious to Foothill Thrift that Bodenwest was not benefited by the loan.
Perpetual motion at its purest, perverse subtraction and addition, deprived of any apparent agency or metaphor through which to filter the viewer response, this profusion of home deco supplies and modernist utopian inferences is only faintly reminiscent of those "urban paths of decay and regeneration" to which the press release alludes.
periodic payments such as annuities, rather than lump-sum payments); -- Apparent agency reform to protect hospitals' liability for harms that they did not cause; -- Instructions to juries that medical liability awards are not taxable and that punitive damages may not be awarded in any form; -- More stringent expert witness standards; and, -- Protection of physicians' personal assets.
The phrase `power of an agent' denotes the ability of an agent or apparent agent to affect the legal relations of the principal in matters connected with the agency or apparent agency.
In the second paragraph of Autobiography the ontological scene is set: amid the onslaught of events, the self provides only an apparent centering or agency, always subject to readjustments and recentering: "The great flood of seeming chaos had only one apparent agency for its signifying order, and that was oneself .
A PO may also be held liable for the negligence of a nonemployee physician under the theory of ostensible or apparent agency.