Mr. Cockrell argues that there is a real question of fact as to whether Constable James acted within the scope and extent of his work with the District during the incidents that occurred on the nights of June 28 and June 30, 1998. Cockrell argues that Officer James` behaviour, while inappropriate, did not reach the level of criminal conduct. Cockrell claims that Officer James` action to kiss Cockrell resembled an officer who accused a victim of a crime. Cockrell admits that Officer James` act of kissing him is more difficult to see, because the evolution and breadth of his work… The theory of tacit authorityThe authority of an agent to perform actions reasonably necessary to fulfill the purpose of the agency. is particularly important for businessmen in the business manager field, who can be responsible for managing the entire company or a small part of it. In both areas, the business manager has a relatively broad area of implicit authority. They can buy goods and services. Recruiting, supervising and laying off staff; selling or inventorying junk food Contracting income and paying debt; and, in general, manage ordinary activities.
The full authority of the manager depends on the circumstances – which is common in the sector concerned, in the company concerned and among those directly affected. In general, the broadest liability is imposed on the master for physical behaviour not authorized by an officer, as explained in Chapter 38 “Relationships between the client and the agent.” In the course of his employment – that is, if the officer committed misconduct in the course of his duties – the master is liable for damages to the victim, unless, as we have seen, the victim was another employee in which the workers` compensation system is used. Responsibility for unlawful wilful action is primarily a function of the employment relationship and not agency status. X Ltd has two directors, Joe and Harry. None of the directors are authorized to enter into contracts on behalf of the company. In practice, Joe (with Harry`s agreement) enters into all contracts on behalf of the company. What type of agency was created when a third party acting in good faith enters into a contract with Joe who claims to be acting on behalf of X Ltd? An agent whose reimbursement depends on the fact that he remains entitled to act as an agent must have an agency in connection with a service of interest to which the representative has an interest in the property for which he acts on behalf of the principal.