Capacity and authority: Difference between revisions
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The twin pillars of paranoia that remain when all is said and done on your {{tag|negotiation}} and you're ready to sign on the dotted line. | The twin pillars of paranoia that remain when all is said and done on your {{tag|negotiation}} and you're ready to sign on the dotted line. | ||
*whether the fellow who purports to sign for your counterparty has any grounds to do so is a question of his {{tag|authority}} | *whether the fellow who purports to sign for your counterparty has any [[Ostensible authority|ostensible]] grounds to do so is a question of his {{tag|authority}}. | ||
*whether your counterparty is constitutionally able to enter into obligations of the type contemplated by your contract, is a question of its {{tag|capacity}} (as to which see also [[ultra vires]]. | *whether your counterparty is constitutionally able to enter into obligations of the type contemplated by your contract, is a question of its {{tag|capacity}} (as to which see also [[ultra vires]]. | ||
{{seealso}} | |||
*[[Ostensible authority]] | |||
*[[Principal]] | |||
*[[Agency]] | |||
*[[Unltra vires]] | |||
Revision as of 15:42, 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.