Explain the concept of apparent authority.

What will be an ideal response?


Apparent authority is created by the conduct of the principal that causes a third person to reasonably believe that another has the authority to act for the principal. It may exist if a principal has intentionally or by want of ordinary care induced and permitted third persons to believe a person is her agent even though no actual authority had been conferred on the agent. The source of apparent authority is the principal. Words or acts of an agent alone cannot create apparent authority. The test used for determining the extent of an agent's apparent authority is the justifiable belief of a third party dealing with the agent. An agent's exercise of apparent authority, in the absence of actual authority, is a violation of the agent's duty to the principal. Apparent authority may arise from customs in the trade. It may also arise from the principal's failure to inform third persons that the relationship is not what it appears to be. It is therefore important that third parties ask whether the agent has the implied or apparent authority to make a particular agreement.

Business

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Business