MANDATUL APARENT
APPARENT AGENCY

Summary/Abstract: Apparent agency. Sometimes, an agent who lacks actual authority may appear to have such authority and third parties may reasonably rely on this appearance of authority. To protect third parties in such situations, French, American and Romanian jurisprudence lets apparent agents bind purported principals on the basis of the apparent agency theory. Apparent agency occurs when the facts and circumstances surrounding the transaction determine a third party to believe reasonably that a particular person has authority to act on behalf of purported principal. An agent with apparent authority may or may not have actual authority.

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