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Implied Authority to contract is a legal term in contract law referring to the implied ability of an individual to make a legally binding contract on behalf of an organization by way of uniform or interaction with the public on behalf of that organization. [1]
This may be express or implied from the principal's behavior, e.g. if the agent has purported to act in a number of situations and the principal has knowingly acquiesced, the failure to notify all concerned of the agent's lack of authority is an implied ratification to those transactions and an implied grant of authority for future transactions ...
Express actual authority means an agent has been expressly told (i.e., explicitly told) they may act on behalf of a principal. Ireland v Livingstone (1872) LR 5 HL 395; Implied actual authority. Implied actual authority, also called "usual authority", is authority an agent has by virtue of being reasonably necessary to carry out their express ...
Codelfa Construction alleged that the contract had been frustrated and further alleged that an implied provision of the contract, to pay a reasonable sum for work performed, had not been met. The State Rail Authority's allegations were to the effect that Codelfa Construction was bound to complete the works.
The power of the agent to bind the principal is usually legally referred to as authority. Agency created via an agreement may be a form of implied authority, such as when a person gives their credit card to a close relative, the cardholder may be required to pay for purchases made by the relative with their credit card.
There are two types of quasi-contract. One is an action in restitution. The other is unjust enrichment. Note, therefore, that it is improper to say that quasi-contract, implied in law contract, and unjust enrichment are all synonymous, because unjust enrichment is only one type of the broader category of quasi-contracts (contracts implied in ...
In Codelfa Construction Pty Ltd v State Rail Authority of NSW, implication of a term in fact in a contract, by reference to what is necessary to give it business efficacy, was described as raising issues "as to the meaning and effect of the contract". Implication is not "an orthodox exercise in the interpretation of the language of a contract ...
Actual authority, express or implied, is binding as between the company and the agent, and also as between the company and others, whether they are within the company or outside it. Ostensible or apparent authority is the authority of an agent as it appears to others. It often coincides with actual authority.