Agreement On Behalf Of

Apr 08, 2021

As noted in Sunnyvale, your responsibility for an agreement you sign as an agent or lawyer depends on the wording and circumstances of the contract you sign. First, you must make a statement with your signature that you sign as an agent or lawyer. Mr. Zheng could have avoided the stress and stress of the lawsuits if he had. If you have any doubts about your liability, you are well advised to get legal advice before signing. Administrators are not entitled to execute contracts without a formal written delegation, unless this is the result of administrative tasks specifically described in the Higher Education Guidelines, such as the Academic Personnel Manual or a business and financial record. The university is not required to fulfill unauthorized obligations. In certain circumstances, the university may be the originator of an unselected agreement if it is clearly in the best interests of the university. Directors who enter into agreements outside the scope of their authority may be held personally liable for the unauthorized obligation.

To demonstrate actual authority, it is necessary to enter into some sort of agreement between the client and the agent, authorizing the agent to enter into a contract on behalf of the principal (as in Hely-Hutchinson/Brayhead [1968] 1 QB 549). A company must be very careful with such authority, as it would be held responsible for contracts that were also signed by agents with alleged apparent authority. This is true even if it has been established that the agent acted beyond or beyond his instructions, or gave no power to the business as long as the other party had “reasonably believed” that the agent was entitled to sign on behalf of the company. The belief must show that it “can be traced back to the manifestations of the client” or if “a client, by his words or conduct, gives the reasonable impression to a third party that the officer is entitled to perform certain acts in his name” (High Court decision in Playboy Enterprises International, Inc/Zillion Sdn Bhd – Anor [2011] 2 MLJ 59). The difference between actual authority (implicit or expressed) and purported authority was explained in Freeman – Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 1 All ER 630.