Legal Definition Ostensible
n. a person who has been given the appearance of an employee or (agent) acting for another (principal), which would reasonably lead any person dealing with the alleged agent to believe that he or she was an employee or agent. This could include giving the alleged agent stationery or forms from the company, letting him use the company`s car, phone or desk in the company`s office. Companies must be careful not to allow situations where an alleged agent could bind the company to a contract or hold the apparent employer liable for damages caused by an accident, defamation or attack by the “agent”. The doctrine of fake liability (or bogus agency theory) is used in the medical field, particularly in cases of medical malpractice. The agent`s conduct is irrelevant, nor is the actual power of attorney that may have been granted to the agent. Superficial authority is closely related to the doctrines of free will and confiscation. This often occurs in partnerships, corporations and employer-employee relationships and becomes a complex issue when the client tries to evade liability for the actions of a director, officer or partner (alleged agent), if that person has acted outside of their actual powers, created an undesirable obligation for the client or gives an unfavourable image of the client. The term “presumed authority” is used interchangeably with “apparent authority”. If the actual relationship between the parties is unclear, you may intentionally or negligently create a context in which one party to the transaction reasonably perceived another party as the alleged representative of another party. We will look at the importance of the alleged agency, what an alleged agent is, its importance in real estate and the medical field, we will look at the definition of alleged authority, and much more! In the context of an alleged agency, the third party is not formally aware of the actual legal relationship between the alleged agent (a person appearing to be someone else`s representative) and the person or entity alleged to be the principal.
So what is the legal definition of purported capacity to act? The Act, which covers alleged agents, is codified mainly in the Companies Act 2001 (Cth) in section 129(3) as well as in the State Partnership Acts. Laws require partnerships, businesses and employers to ensure that third parties properly understand the scope of the powers of the client`s representatives. In cases where a representative leaves the Company, the Client may be held liable for the actions of that former agent if the Client failed to inform third parties dealing with the Company that the Authority ceased to exist and that former representative claimed that he remained a representative. Based on the doctrine of vicarious agent liability, damage, injury or damage caused by a fictitious agent to a third party is attributed to the customer. We will examine the definition of presumed authority and what it implies. Typically, there are several stakeholders involved in a real estate transaction who may result in one party being perceived as an alleged agent of another. An apparent agent refers to the actual person or entity perceived to be an agent of another person (the principal). Why is the notion of apparent agency important in real estate? It is quite easy to avoid the apparent liability of the agency.
The term presumed authority means that someone seems to have the power to do something on behalf of another. The legal consequences of so-called agency relationships are very significant. To avoid surprises, it`s important to assess your relationship with others and assess whether setting up a purported agency can lead to unwanted legal exposure. Also known as an apparent power of attorney, purported power of attorney is the power that is deemed to have been granted by a principal in the eyes of a reasonable third party by reason of the principal`s conduct, omission or assurances (Hely-Hutchinson v. Brayhead Ltd). In agency law, if someone appears to be duly authorized to represent a business entity, corporation or individual, then that person (the representative) has the “purported power” to legally bind the corporation (principal). The best thing to do is for all parties to clearly disclose their respective relationships to each other, so that there is no legal accountability based on obvious authority. The circumstances, as well as a person`s actions, behaviours, statements and manifestations, may lead a reasonable person to believe that he or she has the authority to act (and possibly legally bind) another person. Essentially, a patient who is being treated by a physician in the hospital is led to believe that the physician is an agent of the hospital and is acting on its behalf. A word used to describe something that is obvious and obvious. In other words, from the perspective of a third party, one person reasonably appears to have the power to bind another. Superficial authority refers to “apparent authority” when an agent appears to have the power to act (not necessarily the actual power to do so).
If the panel physician injures a patient as a result of professional error or professional error, the hospital may be held liable for the patient`s actions. Even if the physician was a contractor vis-à-vis the hospital, third parties may reasonably assume that the physician was employed by the hospital and acted on behalf of the hospital. This can lead to civil lawsuits and disputes between buyers and sellers, but it can also lead to professional liability claims against real estate agents or brokers.