Actual Authority
a. A has power to affect Pr’s legal relations
b. manifestation (oral, written, course of conduct), when rzbly interpreted, causes A to believe that Pr desires him to so act
c. actual authority can be express (words, writing) or not (course of conduct)
d. power v. right
i. power: power to bind the Pr, make Pr liable, benefit the Pr; actual authority gives power
ii. right: if in accordance w/ Pr’s manifestations of consent, A had right to act, too; if apparent authority, A had power but no right
e. how created? manifestation of consent
i. objectively rzbly standard (focus: A’s rzbl belief)
ii. need not be written
1. equal dignitaries rules
a. if consent written, A’s consent to 3P needs to be written
b. not the rule in Texas
c. there are special Texas statues that cover
d. ex. Tx Prop Code: conveyance of land must be written
2. manifestation of consent in objectively rzbl standard (from A’s POV)
3. no consideration req’d (there is no K b/c no ¢, but there is still an A/Pr relationship); you don’t have to pay someone to be your A
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Agency and are similar to What is the Actual Authority related to Agency?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.
What's Your Answer to "What is the Actual Authority related to Agency?"