Define: Express Authority

Express Authority
Express Authority
Quick Summary of Express Authority

Express authority refers to the explicit and clear authorization given by a principal to an agent to act on their behalf. It is a specific and direct instruction that outlines the scope of the agent’s powers and responsibilities. Express authority can be given orally or in writing, and it is essential for establishing a legal relationship between the principal and the agent.

Express Authority FAQ'S

Express authority refers to the explicit permission or authorization given by one party to another to act on their behalf in a legal or business transaction.

Express authority is specifically granted through written or verbal communication, while implied authority is inferred from the circumstances or the relationship between the parties involved.

Yes, express authority can be revoked by the party who granted it. However, the revocation should be communicated clearly to the authorized party to avoid any confusion or legal complications.

Yes, express authority can be granted to multiple individuals, either jointly or severally, depending on the terms specified by the granting party.

Yes, express authority can be limited or restricted by the granting party. They can specify the scope of authority, the duration of authorization, or any other conditions or limitations they deem necessary.

Express authority can be given orally or in writing, depending on the jurisdiction and the nature of the transaction. However, it is generally recommended to have written documentation to avoid any disputes or misunderstandings.

Express authority can be transferred or delegated to another person if the granting party explicitly allows it. However, the authorized party should ensure that the transfer or delegation is within the bounds of the original grant of authority.

If someone exceeds their express authority, their actions may not be legally binding on the granting party. The granting party may have the option to disavow or challenge the unauthorized actions.

In most cases, express authority cannot be granted to a minor or someone lacking mental capacity. However, there may be exceptions depending on the specific circumstances and applicable laws.

To determine if someone has express authority, one should review any written documentation, contracts, or agreements that explicitly grant authority. Additionally, communication between the parties involved may provide evidence of express authority.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

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