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 ?
Patent infringement agency claims can also be established via implied authority and inherent authority, but this Note focuses on the three most-seen methods of actual authority, apparent authority, and ratification.
184) Thus, to continue with the Malaysian example, the Malaysian courts have found that a franchisor can be held vicariously liable under theories of actual or apparent authority whenever the franchisor has some control over third parties or franchisees.
40) Using common law agency principles, the Court determined that as the CEO, Chan was acting with the apparent authority of ChinaCast and general imputation rules applied.
It agreed with the IRS that Gjelde had the apparent authority to execute the consent to extend the limitation period for Summit.
It is interesting to question here, however, whether the courts' objective assessment of the apparent authority of the "agent" might be compatible with an evaluation of the reasonable carriage of the risks created or encouraged by the principal, and whether this prospect might encourage the would-be principal to be slightly more cautious when embarking on novel forms of commercial transaction.
Absent other evidence of an intent to be manager-managed, the general default rule, therefore, should apply, which means the LLC is member-managed, and all members retain statutory apparent authority to bind the LLC, notwithstanding that some members may not be designated "managing members.
The district court concluded that no genuine issue of material fact existed on the issue of Nick's apparent authority to bind West Bend to workers' compensation coverage for Cascades' employee prior to the accident.
That decision held that, "an insurance company is bound by all acts, contracts, or representations of its agent, whether general or special, which are within the scope of his real or apparent authority, notwithstanding they are in violation of private instructions or limitations upon his authority, of which the person dealing with him, acting in good faith, has neither actual nor constructive knowledge.
Co held that "an insurance company is bound by all acts, contracts, or representations of its agent, whether general or special, which are within the scope of his real or apparent authority, notwithstanding they are in violation of private instructions or limitations upon his authority, of which the person dealing with him, acting in good faith, has neither actual nor constructive knowledge.
AN AGENT'S ACTIONS, STANDING ALONE, AND WITHOUT SOME ACTION BY THE PRINCIPAL WILL NOT GIVE RISE TO APPARENT AUTHORITY
went on to buttress his conclusion based on the Factors Act, that the purchaser of the gallery had not acquired title to the artists' works, by referring to the principle already mentioned that merely giving possession of property to a person is not enough to vest them with apparent authority to sell it with good title.