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What power is assumed by the public that an agent possesses?

Actual authority

Apparent authority

The concept of apparent authority is crucial in understanding the relationship between an agent and third parties. Apparent authority is the power that the public assumes an agent possesses based on the actions, words, or conduct of the principal. In other words, when a principal creates a situation where a third party reasonably believes the agent has authority to act on behalf of the principal, this belief grants the agent apparent authority. For example, if a bail bondsman regularly states a certain individual can negotiate and bind agreements on their behalf, a member of the public who interacts with that individual may reasonably assume that the person has the authority to act as represented. This assumption does not stem from actual or specific authority given to the agent by the principal but rather from the principal's representation to the public that such authority exists. Understanding apparent authority is essential for both agents and the public to prevent misunderstandings in transactions and legal matters, ensuring that actions taken by agents can be legally binding when reasonable reliance by third parties is evident. In contrast, actual authority refers to the explicit powers granted to an agent, express authority is directly stated, and implied authority arises from the necessary duties of an agent's role.

Express authority

Implied authority

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