Restatement (Third) of Agency · Section § 7-07
This section addresses the authority of an agent to act on behalf of a principal, specifically the boundaries of that authority in various contexts.
Source: Restatement Restatement (Third) of Agency § § 7-07
An agent has the authority to act on behalf of a principal if the principal manifests the authority to the agent, and such authority can be actual or apparent.
Section 7-07 explains that an agent can act for a principal if the principal has clearly communicated that authority, whether directly (actual authority) or through circumstances that suggest the agency relationship to third parties (apparent authority).
Actual authority is created by the principal's explicit instructions to the agent.
Apparent authority exists when a third party reasonably believes an agent has authority based on the principal's representations.
Illustration 1
If a principal tells an agent to sell a car, the agent has actual authority to sell that car.
Illustration 2
If the principal has allowed the agent to conduct business regularly, a third party may reasonably assume the agent has the authority to make similar decisions.
The court discussed the scope of an agent's authority and clarified the distinction between actual and apparent authority.
This section is crucial for understanding how agency relationships operate and under what conditions an agent can bind a principal to legal obligations. It helps both agents and principals understand their rights and responsibilities in different scenarios.