What is implied actual authority?

Prepare for the Agency and Partnership Bar Exam with interactive flashcards and multiple choice questions. Understand the key concepts and enhance your skills. Start your journey to certification today!

Implied actual authority refers to the authority that an agent has to perform acts that are reasonably necessary to accomplish the objectives of their duties, based on the circumstances and the nature of their role. It arises not from explicit communication but from the context in which the agent operates.

In this case, the answer indicating that implied actual authority is the authority suggested by general circumstances is correct. This type of authority fills the gaps where specific instructions may not have been given, allowing an agent to act in a manner that is consistent with their role and responsibilities. For instance, if an employee is given the job of managing a store, they would have implied authority to make decisions necessary for day-to-day operations, such as ordering supplies or handling customer complaints, even if those actions were not specifically authorized.

The other options do not capture the essence of implied actual authority. Authority known to third parties relates more to the concept of perception and actual authority, which involves the external viewpoint of someone outside the relationship. Authority expressed verbally would typically fall under explicit authority, which is defined by clear and direct confirmation. Lastly, authority that must be documented suggests a formal requirement for actions to be recorded, which does not align with the nature of implied authority, as it operates more fluidly based

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