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Agency Moot Argument

Actual authority can be either express or implied. Express authority is directly stated, such as a board resolution authorizing certain directors to sign checks. Implied authority is inferred from actions and circumstances, like appointing a managing director which implies authorization to perform customary duties of that role. Actual authority, whether express or implied, is binding both between the company and agent and between the company and other parties dealing with the agent.

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95 views1 page

Agency Moot Argument

Actual authority can be either express or implied. Express authority is directly stated, such as a board resolution authorizing certain directors to sign checks. Implied authority is inferred from actions and circumstances, like appointing a managing director which implies authorization to perform customary duties of that role. Actual authority, whether express or implied, is binding both between the company and agent and between the company and other parties dealing with the agent.

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Nahmy
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In Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd,1 It is there shown that

actual authority may be express or implied. It is express when it is given by express words,
such as when a board of directors pass a resolution which authorises two of their number to
sign cheques. It is implied when it is inferred from the conduct of the parties and the
circumstances of the case, such as when the board of directors appoint one of their number to
be managing director. They thereby impliedly authorise him to do all such things as fall
within the usual scope of that office. Actual authority, express or implied, is binding as
between the company and the agent, and also as between the company and others, whether
they are within the company or outside it.

1
[1964] 2 Q.B. 480; [1964] 2 W.L.R. 618; [1964] 1 All E.R. 630, C.A

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