An agent can exercise his implied authority when:
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third persons believe that authority exists because past actions of the agent were ratified by the principal.
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B. |
the agent is a special agent and not a general agent.
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the principal’s property interests need to be protected by the agent during an emergency.
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the principal does not grant the agent any powers.
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2. Express authority:
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is created when the principal specifically describes the extent of the agent’s powers.
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B. |
arises from the principal’s failure to inform third persons that the relationship between the principal and the agent is not what it appears to be.
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arises from the justifiable belief of a third party dealing with the agent.
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is created by the conduct of the principal that causes a third person to incorrectly believe that another has the authority to act for the principal.
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3. An attorney-in-fact:
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is the label given to an agent whose authority is in writing.
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is the label given to an agent whose authority is implied.
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is the label given to an agent whose authority is apparent.
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is the label given to an agent whose authority is passed on after the demise of the principal.
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