AJ 010 Lecture Notes - Lecture 9: Moe Williams, General Authority, Apparent Authority
7 May 2020
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The law indulges in no bare presumptions that an agency exists, it must be proved and presumed from facts; The agent cannot establish his own authority, either by his representations or by assuming to exercise it; An authority cannot be established by mere rumor or general reputation; A general authority is not an unlimited one; and. Every authority must find its ultimate source in some act or omission of the principal. In case the fact of agency or the extent of the authority of the agent is controverted, the burden of proof is on: The 3rd person to establish the fact of agency or the extent of authority of the agent. He is not required to inquire further than the terms of the written power of attorney. In such a case, the principal is estopped from claiming that the agent exceeded his authority. Ways by which the agent"s authority may be broadened or restricted:
