Actual Authority - Law Dictionary Search Results
Home Dictionary Name: actual authority Page 1 of about 94 results (0.004 seconds)Actual authority
Actual authority, means the authority that a principal intentionally confers on an agent, including the authority that the agent reasonably believes he or she has as a result of the agent's dealings with the principal. Actual authority can be either express or implied, Black Law Dictionary, 7th Edn., p. 27....
actual authority
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authority
authority pl: -ties 1 : an official decision of a court used esp. as a precedent 2 a : a power to act esp. over others that derives from status, position, or office [the of the president] ;also : jurisdiction b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) [within the scope of the treasurer's ] [police officers executing a warrant…are not required to “knock and announce” their and purposes before entering "National Law Journal"] c : power and capacity to act granted by someone in a position of control ;specif : the power to act granted by a principal to his or her agent actual authority : the authority that a principal in reality has granted to an agent actual express authority : the actual authority of an agent specifically stated or written by the principal actual implied authority : the actual authority of an agent that the principal has not specified but has purposely or through negligence a...
actual express authority
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actual implied authority
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Apparent authority
Apparent authority, means authority that a third party reasonably believes an agent has, based on the third party's dealings with the principal. Apparent authority can be created by law even when no actual authority has been conferred, Black Law Dictionary, 7th Edn., p. 128....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
Guardian
Guardian, means a person having the care of the person of a minor or his property or of both his person and property, and includes:(i) a natural guardian,(ii) a guardian appointed by the will of the minor's father or mother,(iii) a guardian appointed or declared by court, and(iv) a person empowered to act as such by or under any enactment relating to any court of wards;Explanation.--For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specifies geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. [Hindu Minority and Guardianship Act, 1956 (32 of 1956), s. 4(b)]A guardian is one appointed by the wisdom and policy of the law to take care of a person and his affairs, who by reason of his imbecility and want of understanding is incapable of acting for his own interest (2...
Procuration
Procuration, an agency, the administration of the business of another; also moneys which parish priests pay yearly to the bishop or archdeacon, ratione visitationis; these are also called proxies, and it is said that there are three sorts--ratione visitationis, consuetudinis, et pactiHardr. 180Bills of Exchange may be drawn, accepted, or endorsed by procuration, i.e., by an agent who has an authority for such a purpose, and 'a signature by procuration operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature if the agent in so signing was acting within the actual limits of his authority.'--Bills of Exchange Act, 1882, s. 25. The words 'per pro.' Or 'p.p.' (by procuration) usually follow the signature of an agent, and by s. 26 of the Bills of Exchange Act, a person signing a bill and adding words indicating that he signs in a representative capacity is not personally liable on the bill....
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