• 1997 - Agent's Authority is Either Actual or Apparent
  • C-55.02
    • Agents And Agencies
    • Legal Entities
    • Legal Entities
  • Agency is either actual or apparent. An agent has such authority as the principal actually or apparently confers on the agent. A principal is bound by the acts [or omissions] of the agent.

     

    Actual authority exists when the principal confers authority on the agent, or intentionally or through lack of ordinary care, leads the agent to believe that the agent has been given such authority.

     

    Apparent authority exists when the principal intentionally, or by lack of ordinary care, causes or allows a third person to believe that another is acting as the principal's agent.

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    • 3-01-03
    • 3-01-06
    • 3-01-08
    • 3-02-02
    • 3-03-03
    • Farmers Union Oil Co. v. Wood, 301 NW2d 129 (ND 1980)
    • Fleck v. Jacques Seed Co., 445 NW2d 649 (ND 1989)
    • Hector v. Metro Centers, Inc., 498 NW2d 113 (ND 1993)
    • Johnson v. Prod. Credit Ass'n of Fargo, 345 NW2d 371 (ND 1984)
    • Red River Commodities, Inc. v. Kelly Eidesness, 45
    • State Auto. & Casualty Under. v. Skjonsby, 142 NW2
  • Notes: