Actual authority definition

Actual authority means, as the words connote, author- ity that the principal, expressly or implicitly, gave the agent. “Apparent authority” arises when a principal acts in such a manner as to convey the impression to a third party that an agent has certain powers which he may or may not actually possess. “Implied authority” has been variously defined. It has been held to be actual authority given implicitly by a principal to his agent. Another definition of “implied authority” is that it is a kind of authority arising solely from the designation by the principal of a kind of agent who ordi- narily possesses certain powers. It is this concept that is called “inherent authority” by the Restatement. In many cases the same facts will support a finding of “inherent” or “apparent agency.” Usually it is not necessary for a third party attempting to hold a principal to specify which type of authority he relies upon, general proof of agency being sufficient. Pacific Mut. Life Ins. Co. of California v. Barton, 5 Cir., 1931, 50 F.2d 362, certiorari denied 1931, 284 U.S.
Actual authority means what it says: a principal has expressly communicated to an agent, normally through spoken words or in writing, the power to perform some act on the principal’s behalf.64

Examples of Actual authority in a sentence

  • Actual authority is authority that the principal expressly grants to the agent or authority to which the principal consents.

  • Actual authority, as defined in § 2.01, is created by a principal’s manifestation to an agent that, as reasonably understood by the agent, expresses the principal’s assent that the agent take action on the principal’s behalf.

  • Actual authority may be express (e.g., oral or written statements, including provisions in the company’s organizational documents) or implied (e.g., inferred from words used, from custom, or from the relations between the parties).52 Example: P is an elderly person living alone.

  • The various types of authority that an agent may have are considered below:(a) Actual authority: The authority of an agent may be actual where it results from a manifestation of consent that he should represent or act for the principal, expressly or impliedly made to the agent himself by the principal.

  • Actual authority is a product of "mutual consent, express or implied, that the agent is to act on behalf and for the benefit of the principal, and subject to the principal's control." Theos & Sons, 729 N.E.2d at 1119.

  • Actual authority (often described as express authority or simply by the words "authority" or "authorized") arises from the manifestation of a principal to an agent that the agent has power to deal with others as a representative of the principal.

  • Actual authority may be important, as it is in this case, in sketching the framework of the image presented, but the overall impression received by the viewer from the principal may be much more detailed.

  • Actual authority (often described as express authority or simply by the words "authority" or 14See RESTATEMENT (SECOND) OF AGENCY § 4(1) (1958); RESTATEMENT (THIRD) OF AGENCY ' 1.04(2)(a) (2006).

  • Actual authority is that authority a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe that he or she possesses (CC §2316).

  • Actual authority may also arise by operation of law (e.g., your CEO or Chairman of your Board of Directors) in addition to any of the foregoing.

Related to Actual authority

  • Governmental Authority means the government of the United States of America, any other nation or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government.

  • local authority means the council of a municipality that is a city, town or shire constituted under the Local Government Xxx 0000;

  • Central authority means the entity designated by the United States or a foreign country described in section 102(e)(iv) to perform the functions specified in the Convention.

  • national authority means an approval authority or any other authority involved in and responsible for market surveillance, border control or registration in a Member State in respect of vehicles, systems, components, separate technical units, parts or equipment;

  • Governmental Authority(ies) means any federal, state or local government, and political subdivision(s) thereof, and any entity(ies) exercising executive, legislative, judicial, regulatory or administrative functions having or pertaining to government.

  • Regional authority means the Director General of Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant an authorisation including a duty credit scrip under the said Act.

  • Appeal authority means the executive authority of the municipality or any other body or institution outside of the municipality authorised by that municipality to assume the obligations of an appeal authority for purposes of appeals lodged in terms of the Act;

  • medical authority means the medical authority as referred to in clause (p) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 or such other medical authority as may, by notification, be specified by the Central Government for certifying “autism”, “cerebral palsy”, “multiple disabilities”, “person with disability” and “severe disability” referred to in clauses (a), (c), (h), (j) and (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999;

  • Approval Authority means the authority of a Member State with competence for all aspects of the approval of a type of vehicle, system, component or separate technical unit or of the individual approval of a vehicle; for the authorisation process, for issuing and, if appropriate, withdrawing approval certificates; for acting as the contact point for the approval authorities of other Member States; for designating the technical services and for ensuring that the manufacturer meets his obligations regarding the conformity of production;

  • Control authority means the commissioner of the Indiana Department of Environmental Management.

  • Environmental Authority means any foreign, federal, state, local or regional government that exercises any form of jurisdiction or authority under any Environmental Requirement.

  • Applicable Governmental Authority means the FERC within the United States and the appropriate governmental authority with subject matter jurisdiction over reliability in Canada and Mexico.

  • Revisional Authority means an authority appointed or authorised for revision of decision or orders as referred to in section 108;

  • Governmental Body means any government or governmental or regulatory body thereof, or political subdivision thereof, whether federal, state, local or foreign, or any agency, instrumentality or authority thereof, or any court or arbitrator (public or private).

  • Host Authority means the local authority appointed by the Parties under these arrangements to lead on a specified matter or function as set out in paragraphs 14 and 19.

  • Foreign central authority means the entity designated by a foreign country described in section 102(e)(iv) to perform the functions specified in the Convention.

  • Governmental Entity means any national, federal, state, municipal, local, territorial, foreign or other government or any department, commission, board, bureau, agency, regulatory authority or instrumentality thereof, or any court, judicial, administrative or arbitral body or public or private tribunal.

  • Government Authority means any foreign or domestic federal, state, provincial, municipal, county, city or local legislative, administrative or regulatory authority, agency, court, body or other governmental or quasi-governmental entity with competent jurisdiction, including any supranational body.

  • Football Authority means each of the Premier League, The Football League, The Football Association, The Football Association of Wales, FIFA, UEFA and other relevant governing body of association football.

  • Governmental Antitrust Authority has the meaning set forth in Section 5.11(b).

  • Governmental Authorization means any permit, license, authorization, plan, directive, consent order or consent decree of or from any Governmental Authority.

  • local authority area means a local authority area as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);

  • Taxing Authority means any governmental authority or any subdivision, agency, commission or entity thereof or any quasi-governmental or private body having jurisdiction over the assessment, determination, collection or imposition of any Tax (including the IRS).

  • Governmental Authorities means any nation, government, province, state, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality of any government or any political subdivision thereof, court, tribunal, arbitrator, the governing body of any securities exchange, and self-regulatory organization, in each case having competent jurisdiction (with each of such Governmental Authorities being referred to as a “Governmental Authority”).

  • Local authorities means every county, municipal, and other local board or body having authority to adopt police regulations under the constitution and laws of this state.

  • Tax Authority means, with respect to any Tax, the governmental entity or political subdivision thereof that imposes such Tax, and the agency (if any) charged with the collection of such Tax for such entity or subdivision.