Chapter 10-Agency
- Document type
- Other
- Dated
- Category
- Central Excise Acts
Definitions express and implied authority.
187. Definitions express and implied authority. -
An authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstance of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case.
Illustration
A owns a shop in Serampore, living himself in Calcutta, and visiting the shop occasionally. The shop is managed by B, and he is in the habit of ordering goods from C in the name of A for the purposes of shop, and of paying for them out of As funds with As knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the shop.
An authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstance of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case.
Illustration
A owns a shop in Serampore, living himself in Calcutta, and visiting the shop occasionally. The shop is managed by B, and he is in the habit of ordering goods from C in the name of A for the purposes of shop, and of paying for them out of As funds with As knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the shop.