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Simple English definitions for legal terms
real authority
Read a random definition: original precedent
A quick definition of real authority:
Real authority is the power given to someone by another person to act on their behalf. This can be given through spoken words, a written document, or other actions that show the intention to give power. Actual authority is when the principal intentionally gives authority to the agent, while apparent authority is when a third party believes the agent has authority based on their dealings with the principal. Other types of authority include express authority, implied authority, and incidental authority. Authority can also refer to the power of a government agency or corporation, and legal writings or decisions that are used as a precedent in legal arguments.A more thorough explanation:
Definition: Real authority is the power given to an agent by a principal to act legally on their behalf. It includes the right to affect the principal's legal relations through actions done in accordance with the principal's assent. Real authority can be either actual or implied.
Examples: Actual authority is intentionally given by the principal to the agent, either through express agreement or by allowing the agent to believe they have the authority. Implied authority is intentionally given by the principal through their conduct, such as acquiescence to the agent's actions. For example, if a principal hires an agent to sell their house, the agent has real authority to sign the contract on behalf of the principal if the principal has given them express or implied authority to do so.
Another example of real authority is apparent authority, which is the authority that a third party reasonably believes an agent has based on their dealings with the principal, even if the principal did not intend to confer the authority. For instance, if a principal allows their employee to act as their agent in a business transaction, the employee may have apparent authority to make decisions on behalf of the principal.
Explanation: Real authority is the legal power given to an agent by a principal to act on their behalf. It can be either actual or implied, and includes the power to affect the principal's legal relations. The examples illustrate how real authority can be given intentionally or unintentionally, and how it can be inferred from the principal's conduct or the third party's reasonable belief. Understanding real authority is important in determining the legal rights and obligations of the principal and the agent in a given situation.