Subscribe

Enter your email address below to receive our latest content via email.

Connect With Us

This feature has not been activated yet. Install and activate the WordPress Popular Posts plugin.

Site Search.

What Is An Ostensible Agency Agreement

By on December 20, 2020 in Uncategorized

A hospital is tolerated for the services of independent physician contractors for the purpose of insulating the hospital from liability. And as more and more hospitals have escaped liability, courts have relaxed agency principles to make hospitals responsible for the illicit behaviour of independent contractors. The courts have been motivated to do so on the basis of the public perception of hospitals as comprehensive care facilities. As mentioned above, the supposed authority is not born where: in the law, the apparent authority refers to the authority of one agent, as it appears to others,[4] and it can serve both to expand the real authority and to create authority, in the absence of real authority. [5] Corporate law and so-called authority are in fact only part of the rules relating to the overt authority and law of the Agency in general, but because of the prevalence of the issue related to corporate law (societies that are artificial persons can only act by their human agents), it has developed its own specific jurisprudence. However, some jurisdictions use the terms interchangeably. As far as companies are concerned[2], the clear authority of directors, senior managers and agents of the company is generally referred to as a “purported authority”. There are also obvious questions of authority in the context of the Fourth Amendment, which deals with the question of who has the authority to accept a search. [3] As a general rule, Oklahoma does not increase the response to a hospital where its physician gives independent medical advice and is an independent contractor. Van Cleave v. Irby, 1951 OK 182, 233 p.2d 963.

Oklahoma, however, has joined other jurisdictions that are an exception to this general rule by referring to the doctrine of the so-called agency or agency by estoppel. Under the exception, a hospital cannot deny liability for the negligence of its agents, simply because the medical officers are independent contractors. Weldon v. Seminole Mun. Hosp., 1985 OK 94, 709 p.2d 1058. An “apparent” or “apparent” authority… a contract between the contractor and the contractor established by a client`s representation to the holder, which is intentionally and effectively has the effect that the agent is entitled to enter into, on behalf of the contracting entity, a contract within the framework of the “apparent” authority in order to compel the adjudicating authority to fulfil its obligations under this contract.

About the Author

About the Author: .

Don't Miss the Next Great Post

If you enjoyed this blog post, subscribe below, and you'll receive an automatic email update when we publish new content.

Comments are closed.

Top