Express And Implied Authority - Law Dictionary Search Results
Home Dictionary Name: express and implied authorityExpress and implied authority
Express and implied authority, an authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case (Contract Act, 1872, s. 187)....
Implied authority
Implied authority, An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case. (Indian Contract Act, 1872, s. 187...
actual implied authority
actual implied authority see authority ...
implied authority
implied authority see authority ...
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...
Agent
Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a...
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....
Save with the authority of law and except by authority law
Save with the authority of law and except by authority law, there is no distinction between the expression, 'save with the authority of law' in art. 31(1) and the expression 'except by authority of law' in art. 265. Laws under art. 31(1) must lay down a procedure containing reasonable restric-tions. Law under art. 265 also lays down a pro-cedure. Therefore, there is no difference between the expression 'except according to procedure established by law' in art. 21 and the expression save with the authority of law' in art. 31(1) or the expression 'except by authority of law' in art. 265, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207: (1976) 2 SCC 521: (1976) Supp SCR 172. (Constitution of India, Art. 21)...
Implied
Virtually involved or included involved in substance inferential tacitly conceded the correlative of express or expressed See Imply...
Defect of jurisdiction
Defect of jurisdiction, where the expression as a whole reads 'from defect of jurisdiction or other cause of a like nature, is unable to entertain it', the expression 'cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction', Zafar Khan v. Board of Revenue, 1984 (Supp) SCC 505: AIR 1985 SC 39: (1985) 1 SCR 287. (Limitation Act, 1963, s. 14)...
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