n. Permission, a right associated with the authority to perform an act or order others to act. Often, one person gives another the power to act as an employer for an employee, as a principal for an agent, as a business for its officers, or as a government authorization to perform certain functions. There are different types of authority, including “apparent authority”, when a principal gives various signs of authority to an officer to make others believe that he or she has authority; “explicit authority” or “limited authority,” which specifies exactly what power is granted (usually a written set of instructions), “implied authority,” which results from the position one holds, and “general authority,” which is the general power to act on behalf of others. In his legal remarks, Mr. Popkins referred to a number of respected authorities. n. the appearance of being the representative of another (employer or principal) authorized to act on behalf of the principal. Since under the right of representation, the employer (the client) is liable for the actions of its employee (representative) if a person who is not a representative appears to have the client`s power of attorney over a stranger (a client), then the client is liable for the actions of someone it allows to have authority.
This “apparent authority” can be given by providing Joe Slobovia (who has no contractual authority) with materials, stationery, forms, a truck with a company logo, or by letting him work from the company office so that a reasonable person would think Joe had the power to act for the company. Then, the contract or price offer made by Joe and accepted by a third party will bind the company. Apparent authority may also arise if Joe works for the company, has no contractual authority, but appears to have been given that authority. Beware of the salesperson who oversteps his authority or the follower who claims to work for the boss. n. 1) previous decisions of appellate courts that provide legal advice to a court on ongoing issues called “precedents”. Legal briefs (written arguments) are often referred to as “points and authorities”. Thus, a lawyer “cites” previously decided cases as “authorities” for his legal positions. 2) a common term for law enforcement, as in “I`ll Call the Authorities” (i.e. the police). (See: previous, quote, brief) Authorities are also cited by scholars in legal treatises, horn books, and reformulations to lay the groundwork for statements and conclusions contained in the books.
AUTHORITY, contracts. Delegation of authority from one person to another. 2. We will check, 1. Delegation 2. The nature of authority. 3. The manner in which it is to be carried out. 4.
The effects of the Authority. 3.-1. This power may be delegated by act or by parrot. 1. It may be delegated by act for any purpose, for whenever one authority per parol is sufficient, one per act shall also be delegated. If authority is to do something that is to be accomplished by means of an act, then authority must also be exercised by act and with all the forms necessary to make that instrument perfect; unless the contracting authority is present and authorises the representative, orally or implicitly, to enter his name on the document; 4 R. T. 313; W.
Jones, R. 268; Because if a man is allowed to transfer land, the power of attorney must be made by deed. Ferry. From. H.T.; 7 R. T. 209; 2 Bos. & Sweater, 338; 5 binn. 613;.
14 pp. and A. 331; 6 pp. and R. 90; 2 Selection. R. 345; 6 Mass. R. 11; 1 turn. 424 9 Wend. R. 54, 68; 12 Wend.
No. 525; History, Ag. § 49; 3 Kent, Com. 613, 3rd edition; 3 puppy. Com. Law, 195. However, it is not necessary for a written power of attorney to sign an unscaled document or a written contract that is not locked up. Paley on Ag. by Lloyd, 161; History, Ag. Section 50.
4.-2. For many purposes, however, the power of attorney can be made by parol, either in writing without seal, or orally, or by the mere employment of the agent. Friend. on agens. 2. The requirements of commercial affairs make this appointment indispensable; The agreement would be very embarrassing if a regular letter were needed to sign or negotiate a promissory note or bill of exchange, or sell or buy goods, write a letter or obtain a policy for another. This common law rule was borrowed from civil law and followed. History, Ag. section 47; Dig. 3, 3, 1, 1 poth. Pand. 3, 3, 3; Domat, liv.
1, Tit. 15 para. 1, art. 5; see also 3 Chit. Com. Law, 5, 195 7 T. R. 350.
5.-2. The power of attorney granted must have been held by the person delegating it or it will be null and void; And it must be something that is lawful, otherwise it will not justify the person to whom it is given. Färber, 102; Kielw. 83. It is a maxim que delegata potestas non potest delegari, so that an agent who has mere authority must execute it himself and cannot delegate his authority to a sub-agent. See 5 Peter 390; 3 History, r. 411, 425; 11 Gill and John. 58; 26 Wend. 485; 15 Selection. 303, 307; 1 McMullan, 453; 4 Scamm.
127, 133; 2 Inst. 597. See delegation. 6. Authorities are divided into general or specific. A general power of attorney is a power of attorney that extends to all acts related to a particular employment; A special authorization is an authorization that is limited to “a single instance”. 15 East, 408; No. 38. 7.
They are also divided into limited and unlimited. If the agent is bound by specific instructions, he is limited; and unlimited if left to its own discretion. An authority is explicit or implicit. 8. An express power of attorney may be made by document or parol, i.e. in writing, not under seal or orally. The power of attorney must actually have been granted. 9. An implied power of attorney is a power which, although there is no evidence that it was actually granted, may arise from the conduct of the principal; For example, if a husband leaves his wife without support, the law assumes that he allows her to buy basic necessities for her maintenance; or if a master usually sends his servant to buy goods for him on credit, and the servant buys certain things without the master`s orders, the master is nevertheless bound by tacit authority. Show. 95; Friend. on Ag.
137-146. 10.-3. In considering the manner in which authority is to be exercised, consideration shall be given to: 1. By whom the power of attorney is to be enforced. 2. How. 3. How soon.
11.-1. A delegated power of attorney can only be executed by the person to whom it is granted, as the trust is personal and cannot be assigned to a stranger. 1 role. From. 330 2 rolls. From. 9 9 Co. 77 b.; 9 ves. 236, 251 3 Sea.
R. 237; 2 M. & pp. 299, 301. 12. A power of attorney granted to two may not be exercised by only one. Co. suffered.
112 b, 181 b. And an authority given to three together and separately is usually not well executed by two. Co. Litt. 181 b; Empty sed 1 roll. Abr. 329, 1, 5; Com. Dig. Lawyer, C 8 3 Pick. R. 232; 2 Selection.
R. 345; 12 Mass. R. 185; 6 Selection. R. 198; 6 John. No. 39; History, Ag. Section 42. These rules apply to an authority of a private nature, which must be exercised by all those to whom it is granted; and not to a power of a public nature, which can be exercised by all, to which it is in the majority. 9 watts, r. 466; 5 containers.
484, 5; 9 p., & R. 99.2. If the power of attorney is special, it will generally have to be strictly prosecuted, or it will be null and void, unless the deviation is only circumstantial. Co. Litt. 49 b, 303, b; 6 R. T. 591; 2 H. Bl.
623 Co. Lit. 181, b; 1 tho. Lit. 852. 13.-2. With regard to the form to be followed when executing a power of attorney, it is generally a rule that an act performed under a power of attorney must be done in the name of the person giving power of attorney and not in the name of the lawyer. 9 Cor. 76, 77.
It has been determined that the name of counsel is not required. 1 W. and pp. 328, 332; Moor, pl. 1106; Str. 705; 2 East, r. 142; Moor, 818; Paley on Ag. by Lloyd, 175; History on Ag.
§ 146 T 9 Ves. 236: 1 J. & J. 387; 2 M. and p. 299; 4 campb. No. 184; 2 Cox, r. 84; 9 R. Co. 75; 6 John.
No. 94; 9 John. Pi. 334; 10 Wend. No. 87; 4 Mass. R. 595; 2 Kent, Com. 631, 3rd ed. But it does not matter with what words it is done if it seems sufficient to be in the name of the client, as for A B (the client), C D (the lawyer), which was deemed sufficient.