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.
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There are two aspects of franchising that make the apparent agency doctrine especially germane: (1) because franchisors own and operate some of their own retail units and franchise others, the consuming public is often unsure as to which one the principal company owns and operates and which ones it franchises; and (2) the trademark, uniformity, and standardization inherent in the brand name product or service precipitates the belief that the retail unit selling that product or service is operated by the principal company rather than run as an independently owned and operated franchise.
35) The court also eased the plaintiffs burden of proof in establishing a claim under the theory of apparent agency, specifically with regard to proving detrimental reliance.
1983) (stating that when a third party reasonably relies upon the supposed authority of the agent--which the principal holds the agent out as having--the principal is liable under an apparent agency relationship); Finnegan Constr.
A victim injured by the criminal acts of third parties who cannot show the existence of excessive control can then assert that even if there is no actual agency, there is an apparent agency.
There are three facets to apparent agency, the court said--first, exertion of sufficient control over the party claimed to be an agent; second, a "holding out" of the party as an agent; and third, reasonable reliance by the third party on the principal's conduct.
After Parker had presented her case, Freilich moved to dismiss the claim against him, arguing that the theory of apparent agency applied only to hospitals and HMOs, not doctors.
An apparent agency relationship exists if a principal (the accounting firm) creates the reasonable impression in a third party (the investors) that the agent (brother-in-law) has the authority to act on its behalf.
The issue with which the appellate court was faced in this case was whether or not the hospital was responsible for the ostensible or apparent agency of physicians who worked at the hospital but were not employed by the hospital.
Because these advertisements permit or even encourage patients to believe that independent-contractor physicians are agents of the hospital, courts around the country are holding hospitals vicariously liable for physicians' negligence under the theory of apparent agency.
Ingalls filed a motion for partial summary judgment on the claim for liability against it, based on the apparent agency of Dr.
17) Evidence that can help prove an apparent agency relationship in an HMO case includes--