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Business Environment and Law-Performance And Discharge Of Contracts

Extent Of Agents Authority-Performance And Discharge Of Contracts

   Posted On :  07.05.2018 11:42 pm

It is necessary to know all dimensions of his (agent) authority.

Extent Of Agents Authority
 
 
It is necessary to know all dimensions of his (agent) authority. They are as follows:

Actual Authority: Actual authority is one which is conferred on the agent by the principal. It may be express or implied. Express Authority: An authority is said to be express when it is given by words spoken or written (Sec. 187). (2) Implied Authority: (i) An authority is said to be implied when it is inferred from the circumstances of the case.(Sec. 187) (ii) An agent having authority to do an act has authority to do every lawful thing which is necessary in order to do such act. (Sec. 188)
Ostensible or Apparent Authority: Apparent or ostensible authority is that authority which an agent appears to be possessing, though, in fact, he may not have.
Authority in Emergency: “An agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances.” (Sec. 189).

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