Legal in Fact: Apparent Authority
There are many types of authority in which we must abide by. Sometimes our actions from the past will determine the authority in which we are under. A set pattern of what we do in relation to even the smallest favor or agreement of paying the monthly bills can be associated to an authority later down the road. In doing anything as simple as paying the monthly bills it becomes apparent that there should always be a contract of what is and is not acceptable so in that the right person is held accountable for the right action thus allaying any unnecessary consequence.
Need essay sample on "Legal in Fact: Apparent Authority" ? We will write a custom essay sample specifically for you for only $12.90/page
In the legal realm of authorities there are several different types of authorities. With regards to Knutson acting as Dennegar’s agent, Knutson then has acted as an apparent authority as there is no set and definitive details of what to do as his agent which then would have been express. Furthermore, over a period of time there became a pattern of Knutson acting as an agent. Knutson’s actions were not express or implied but from an outsider, looking in, it becomes apparent that Knutson, by law, that indeed he was acting as an agent for Dennegar and in this he then, even if by proxy, Dennegar becomes responsible but because of the authoritative position that Knutson was placed in Knutson also becomes responsible.
Dennegar’s “permission” for Knutson acting as his agent, also made Knutson liable should there be any wrong doing. In retrospect, Knutson not only tried defrauding the AT&T company but due to not disclosing the credit card that was opened, also defrauded Dennegar ethically.
Simply, through the pattern of Knutson’s position and in more complicated matters of Knutson’s lying about the credit card and with the fact that Dennegar has passed away, this case can be considered fault of both parties with the estate and Knutson paying, or with only Knutson paying as he has been in charge of this and by preponderance of evidence would have known about the credit card account in the way he did.
If Dennegar were still alive, then without any equivocation he then would become responsible for the issue created by the third party and could file suit against Knutson, relating to this issue. Simply because Dennegar has passed away does not exonerate either party.