Capacity and authority: Difference between revisions

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*[[Principal]]
*[[Principal]]
*[[Agency]]
*[[Agency]]
*[[Ultra vires]] — no, not the [[Scottish new romantic band|Ultravox]].
*[[Ultra vires]] — no, not the [[Ultravox|celebrated Scottish new romantic band]].

Revision as of 15:43, 9 February 2017

The twin pillars of paranoia that remain when all is said and done on your negotiation and you're ready to sign on the dotted line.

  • whether the fellow who purports to sign for your counterparty has any ostensible grounds to do so is a question of his authority.
  • whether your counterparty is constitutionally able to enter into obligations of the type contemplated by your contract, is a question of its capacity (as to which see also ultra vires.

See also