apparent authority

• Apparently Not: The Status of Apparent Authority after Holloway v. Shelter Mutual Insurance

Introduction. II. The Development of Apparent Authority in Louisiana. A. Apparent Authority Before January 1, 1998. B. La. Acts 1997, No. 261: Revision of the Articles On Mandate. C. Post-Revision Jurisprudence . III. Holloway, in its Many Forms. A. Facts and Procedure . B. Line Upon Line: The Third Circuit Opinion. C. Article 2993: The Right Result for the Right Reason. IV. A Case for Clarity . V. Conclusion .

• Louisiana Law Review
• Nbr. 66-1, October 2005

• Commentary: Secret Agency and the Apparent Authority Doctrine

James Bond is a secret agent for the British government (although he's not an especially well-kept secret). Bond reports to "M," a senior government official. Bond's relationship with his government is that of agent (Bond) and principal (M, or the government).

• Daily Record (Rochester, NY)
• March 20, 2008

• 6th Circuit Rules Search Invalidated by Lack of Apparent Authority

The discovery by police of male clothing in a bag a woman claimed was hers eliminated her apparent authority to consent to the search of other bags, the 6th Circuit has ruled. Police obtained a tip that a prison escapee was making methamphetamine in a motel room. When they arrived the defendant was arrested outside the room. The defendant's girlfriend permitted the officers to enter the room, where they saw several bags.

• Lawyers USA
• June 16, 2008

• State v. Billingsley, (Ohio 2011)

CRIMINAL - plea agreement; contract law; apparent authority; violation of plea agreement; specific performance; actual authority.

• Ohio Supreme Court

• Keep Closed Containers Closed: Resolving the Circuit Split in Favor of Individual Privacy

The central argument of this note is that when ownership of a closed container is objectively ambiguous, apparent-authority consent no longer justifies a search of the container, and consequently, law-enforcement officers should not be allowed to proceed with a search of the container unless and until they obtain consent from its owner.

• Iowa Law Review
• Nbr. 97-1, November 2011

• Professional liability for accountants: 'apparent authority.'

'Apparent authority' liability for accountants covers such instances wherein practitioners conduct tasks that an accounting firm does not practice or did not sanction, but which is taken by a third party as an authorized service. Claims, which are often directed against firms, are usually filed by clients who state that they would not have incurred damages if they had known that deals with agents were not approved by the firm. Principals can avoid being held liable to such claims by informing clients about discharged officials, observing strict rules concerning side businesses and by avoiding unauthorized use of letterheads.

• The National Public Accountant
• Vol. 42 Nbr. 10, December 1997

• Illinois Supreme Court Rules Hospital Vicariously Liable Based On Theory of Apparent Authority

A hospital can be vicariously liable for the negligence of an attending anesthesiologist who was an independent contractor based on the theory of apparent authority, the Illinois Supreme Court has ruled. The plaintiff had knee surgery at the defendant hospital and suffered an irreversible spinal injury.

• St. Charles County Business Record
• July 23, 2006

• NJ Appellate Court: Hospitals May Be Liable For Docs' Negligence Under 'Apparent Authority'

On Wednesday, Oct. 29, 2008, a New Jersey state appellate court held that a hospital may be vicariously liable for a staff doctor whom a patient reas...

• Mondaq Business Briefing
• United States Law Articles in English

• A man's word is (whose?) bond: the extent of real and apparent authority.

" A man's word is his bond," runs the old saying. Both men and women are responsible for their personal promises, but who has the ability to bind a co...

• Utah Business
• Vol. 22 Nbr. 11, November 2008

• Missouri Court of Appeals Eastern District Case Summaries: November 29, 2010

Pitman Place Development, LLC v. Howard Investments, LLC (MLW No. 61492/Case No. ED94456 - 26 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.) Agency: Apparent Authority - Promissory Note - Holder In Due Course

• Missouri Lawyers Media
• December 06, 2010