Friday, January 6, 2012

Apparent Authority and Ostensible Agency Are Different

Ostensible agency in Missouri is based on the notion of estoppel, that is, a representation by the principal causing justifiable reliance and resulting harm.

See also Armato v. Baden, 84 Cal. Rptr. 2d 294, 303 (Ca.App. 1999) (Many courts use the terms ostensible agency, apparent agency, apparent authority, and agency by estoppel interchangeably. As a practical matter, there is no distinction among them); Baptist Memorial Hospital System v. Sampson (Tex. 1998) 969 S.W.2d 945, 948, fn. 2.; Ames v. Great S. Bank, 672 S.W.2d 447, 450 (Tex.1984); RESTATEMENT (SECOND) OF AGENCY § 267; KEETON ET AL., PROSSER AND KEETON ON THE LAW OF TORTS § 105, at 733-34 (5th ed.1984).

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