Legal Professional
393 Points
Joined July 2011
Dear Shalaka,
Answers to your query as per my knowledge are:-
1.Please refer to the following
"any agent acting outside the scope of his employment will bind the principal by his acts if such acts were perceived as others to be within the apparent authority of the agent in all those cases where the principle has induced the third party to believe that the acts were within the scope of his authority."
Thus the agent's act though not limited to a particular single transaction/act but is restricted only upto the acts for which the principle is estopped from denying the agency.
2. Difference between implied agency & implied ratification-
Implied agency- An implied agency is frequently established by the conduct and communication of the parties and the circumstances of the particular case[i]. Generally, one should look from the viewpoint of the principal and the agent to determine whether the agent has implied authority[ii].
[i] Keytrade United States v. M/V Ain Temouchent, 2003 U.S. Dist. LEXIS 597 (E.D. La. Jan. 10, 2003)
[ii] Orleans Parish Sch. Bd. v. Goodyear Tire & Rubber Co., 1995 U.S. Dist. LEXIS 8638 (E.D. La. June 19, 1995)
Implied ratification- occurs when the principal, by his or her silence or failure to repudiate the agent’s act, acquiesces in it.
Thus when an implied agency is ratified by the Principal it becomes agency by implied ratification.
Hope my answer helps you.
Thanks &Regards
Amit Mishra
BSamrish & Co.
New Delhi