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Authority

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

Power. In Contracts. The power lawfully delegated to a person by another. Authority coupled with an interest is an authority given to an agent for a valuable consideration, or which forms part of a security. Express authority is that given explicitly, either in writing or verbally. General authority is that which authorizes the agent to do everything connected with a particular business.

Story, Ag. § 17.

It empowers him to bind his employer by all acts within the scope of his employment, and it cannot be limited by any private order or direction not known to the party dealing with him.

Paley, Ag. 199-201.

Limited authority is that where the agent is bound by precise instructions. Special authority is that which is confined to an individual transaction.

Story, Ag. § 19; 15 East, 400, 408; 6 Cow. (N. Y.) 354.

Such an authority does not bind the employer, unless it is strictly pursued, for it is the business of the party dealing with the agent to examine his authority, and therefore, if there be any qualification or express restriction annexed to it, it must be observed; otherwise, the principal is discharged.

Paley, Ag. 202.

Naked authority is that where the principal delegates the power to the agent wholly for the benefit of the former. A naked authority may be revoked; an authority coupled with an interest is irrevocable. Unlimited authority is that where the agent is left to pursue his own discretion. In Governmental Law. The right and power which an officer has, in the exercise of a public function, to compel obedience to his lawful commands. A judge, for example, has authority to enforce obedience to his lawful orders.