Express authority occurs when an agent is working on behalf of his or her company to act on behalf of a principal. For example, a life insurance agent may have express authority under their company.
Expressed authority is a type of authority that occurs when it is clearly declared or granted verbally or in writing by the principal to the agent. For example, expressed authority relates to when an agent is given permission by the principal (in writing or verbally) to act or complete transactions on their behalf.
Express authority can be given either in writing or orally. … Express authority can result from express power given to an agent in an agency agreement or through clear and express oral instructions. There are typically three types of authority possible in law: Express authority.
There are three different ways in which the insurer authorizes the agent to represent it.
- Express Authority. Express authority is the authority that an agent has in writing in the contract with the insurer that the agent represents. …
- Implied Authority. …
- Apparent Authority.
An agent’s power to act on behalf of a principal, explicitly granted by an agreement between the agent and principal.
Apparent authority may arise, for example, by giving someone who has no authority to contract materials, stationery, forms, a truck with a company logo, or letting him work out of the company office.
- Actual express authority – client expressly states the authority of the agent in a written contract. …
- Apparent authority – client gives agent authority verbally. …
- Implied authority – agent authority that is implied in order to execute actual or apparent authority.
What are the duties of an agent?
DUTIES OF AGENT
- Duties to follow Instructions or Customs:
- Duty of reasonable care and skill.
- DUTY TO AVOID CONFLICT OF INTEREST.
- Duty not to make secret profit:
- Duty to remit sums.
- Duty to maintain Accounts:
- Duty not to delegate.
There are essentially three kinds of authority recognized in the law: actual authority (whether express or implied), apparent authority, and ratified authority (explained here).
Actual authority refers to specific powers, expressly conferred by a principal (often an insurance company) to an agent to act on the principal’s behalf. … Specific powers are also known as “express authority.”
(1) Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. The authority of a partner to bind the firm conferred by this section is called his “implied authority”.
Under the Partnership Act in the absence of any usage of trade to the contrary, the implied authority of a partner does not empower him to do the following acts: Submit a dispute relating to the business of a firm to arbitration. Open a bank account in his own name. Compromise or relinquish any claim of the firm.