Real authority refers to the power granted to an individual by another person to act on their behalf. This power can be conveyed through verbal communication, written documentation, or other actions that demonstrate the intention to delegate authority. Actual authority occurs when the principal deliberately grants authority to the agent, whereas apparent authority arises when a third party believes that the agent possesses authority based on their interactions with the principal. Additional forms of authority include express authority, implied authority, and incidental authority. Authority can also pertain to the power held by a government agency or corporation, as well as legal writings or decisions that serve as precedents in legal arguments.
Real authority refers to the power granted by a principal to an agent to legally act on their behalf. This authority allows the agent to influence the principal’s legal relationships through actions that align with the principal’s consent. Real authority can be categorized as either actual or implied. Actual authority is intentionally bestowed upon the agent by the principal, either through explicit agreement or by creating an environment where the agent believes they possess the authority. On the other hand, implied authority is intentionally granted by the principal through their behaviour, such as passively accepting the agent’s actions.
For instance, if a principal hires an agent to sell their house, the agent possesses real authority to sign the contract on behalf of the principal if the principal has explicitly or implicitly granted them the authority. Another example of real authority is apparent authority, which is the authority that a third party reasonably assumes an agent possesses based on their interactions with the principal, even if the principal did not intend to confer such authority.
To illustrate, if a principal permits their employee to act as their agent in a business transaction, the employee may have apparent authority to make decisions on behalf of the principal. Understanding real authority is crucial in determining the legal rights and responsibilities of both the principal and the agent in a given situation.
Real authority refers to the power or right of an individual or entity to act on behalf of another person or organisation. It can be granted through a legal document, such as a power of attorney, or through an employment relationship, such as an agent acting on behalf of a principal.
Real authority is based on actual authorization given to an individual or entity, while apparent authority arises when a third party reasonably believes that someone has the authority to act on behalf of another, even if that authority was not actually granted.
Yes, real authority can be revoked by the person or organisation that granted it. This can be done through a written revocation or by terminating the employment or agency relationship.
Acting without real authority can lead to legal consequences, such as breach of contract or unauthorized representation. It may also result in personal liability for the individual who acted without authority.
Yes, real authority can be delegated to another person, as long as the person granting the authority has the power to do so. However, the person to whom the authority is delegated must also have the legal capacity to act on behalf of the grantor.
The determination of real authority depends on the specific circumstances and the relationship between the parties involved. It is important to review any relevant legal documents, such as powers of attorney or employment contracts, to ascertain the extent of the authority granted.
Yes, real authority can be limited or restricted by the person or organisation granting it. This can be done through specific instructions or conditions outlined in the legal document granting the authority.
If there is a dispute regarding real authority, it may need to be resolved through legal means, such as mediation, arbitration, or litigation. The specific legal process will depend on the jurisdiction and the nature of the dispute.
Real authority can be transferred to another person or organisation if the person or organisation granting the authority consents to the transfer. This can be done through a legal document, such as an assignment or a novation.
The legal requirements for granting real authority may vary depending on the jurisdiction and the specific circumstances. Generally, it is advisable to have the grant of authority in writing to ensure clarity and avoid disputes. Additionally, certain types of authority, such as the authority to make medical decisions, may require specific legal formalities to be valid.
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: 17th April 2024.
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