What is the test for establishing that a third party has authority?

California, United States of America


The following excerpt is from Memorial Hospital Ass'n of Stanislaus County v. Pacific Grape Products Co., 277 P.2d 878 (Cal. App. 1954):

'There are two essential features of ostensible authority, viz., the third person must believe that the agent had authority and such belief must be generated by some act or neglect of the person to be held.' Walsh v. American Trust Co., 7 Cal.App.2d 654, 660, 47 P.2d 323, 325.

Other Questions


If the full credit bid rule is extended to bar fraud actions against third parties, can appellant bring an action against the third party? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
Can a plaintiff sue a producer who has complied with third party standards but was found guilty of misrepresentation or breach of warranty because, in someone's opinion, the third-party standards were lax? (California, United States of America)
When a criminal defendant requests document discovery from a third party, does the third party respond by delivering materials to the clerk of the court? (California, United States of America)
What is the test for establishing that a party is not a party to a lawsuit? (California, United States of America)
Does a court have any power or authority to deny a motion for a new trial motion based on the exclusion of third party culpability evidence? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
What is the statute of limitations for a sexual assault claim brought by a victim who was molested by a third party party? (California, United States of America)
Is a third party party responsible for the spoliation of a plaintiff in a motor vehicle accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.