| 词汇 | AUTHORITY2 |
| 释义 | `1`AUTHORITY2 `2` "Legal Lexicon": An implied authority is one which, although no proof exists of its having been actually given, may be inferred from the conduct of the principal; for example, when a man leaves his wife without support, the law presumes he authorizes her to buy necessaries for her maintenance; or if a master, usually send his servant to buy goods for him upon credit, and the servant buy some things without the master's orders, yet the latter will be liable upon the implied authority. In considering in what manner the authority is to be executed, it will be necessary to examine, 1. By whom the authority must be executed. 2. In what manner. 3. In what time. A delegated authority can be executed only by the person to whom it is given, for the confidence being personal, cannot be assigned to a stranger. An authority given to two cannot be executed by one. And an authority given to three jointly and separately, is not, in general, well executed by two. These rules apply to on authority of a private nature, which must be executed by all to whom it is given; and not to a power of a public nature, which may be executed by all to whom majority. When the authority is particular, it must in general be strictly pursued, or it will be void, unless the variance be merely circumstantial. As to the form to be observed in the execution of an authority, it is a general rule that an act done under a power of attorney must be done in the name Of the person who gives a power, and not in the attorney's name. It has been holden that the name of the attorney is not requisite. But it matters not in what words this is done, if it sufficiently appear to be in the name of the principal, as, for A B, (the principal,) C D, (the attorney,) which has been held to be sufficient. The execution musr take place during the continuance of the authority, which is determined either by revocation or performance of the commission. In general, an authority is revocable, unless it be given as a security, or it be coupled with an interest. The revocation is either express or implied; when it is express and made known to the person authorized, the authority is at an end; the revocation is implied when the principal dies, or, if a female, marries; or the subject of the authority is destroyed, as if a man have authority to sell my house, and it is destroyed by fire or to buy for me a horse, and before the execution of the authority, the horse dies. When once the agent has exercised all the authority given to him, the authority is at an end. An authority is to be so construed as to include all necessary or usual means of executing it with effect and when the agent acts, avowedly as such, within his authority, he is not personally responsible. --b-- There's related stuff in other Library areas --->, so explore. |
| 随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条，基本涵盖了全部常用法律英语单词的释义及例句，是法律专业英语学习的有利工具。