Restatement (Third) of Agency · Section § 2-03
Section 2-03 addresses the authority of agents, particularly focusing on when an agent can act on behalf of a principal.
Source: Restatement Restatement (Third) of Agency § § 2-03
An agent has actual authority to act on behalf of a principal when the principal has expressly or implicitly granted that authority.
This section defines the concept of actual authority in agency relationships, indicating that agents may act in ways that a principal has directly told them to or that can reasonably be inferred from the principal's conduct. Essentially, if a principal allows an agent to do something, that agent is permitted to act in that capacity.
Actual authority can be granted expressly or impliedly.
Principals should be clear about the scope of authority given to agents to avoid conflicts.
Illustration 1
If a principal explicitly tells an agent to sell products, the agent has authority to do so.
Illustration 2
If a principal has given an agent responsibilities to manage a business, there may be implied authority for the agent to make everyday operational decisions.
This case explored the concept of implied authority after an agent acted beyond their stated boundaries.
Understanding Section 2-03 is crucial for both agents and principals as it provides clarity on the boundaries of agent actions, helping to prevent disputes. Establishing clear authority can enhance business relationships and reduce liability risks.