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Apparent Agency Cases Summarized By Injury Lawyer

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Apparent Agency and the related topic of personal injury.   The topic of apparent agency comes up most often in the context of medical malpractice cases.For more information on apparent agency issues see the page on Wikipedia.

Apparent Agency-Cases

2005 Sanchez v. Medicorp Health Sys., 270 Va. 299, 618 S.E.2d 331.

Plaintiff alleged that hospital was vicariously liable on apparent agency theory for conduct of emergency room physician who was an independent contractor. Supreme court expressly rejects that theory in this context.

1979 Dudley v. Estate Life Ins. Co., 220 Va. 343, 257 S.E.2d 871.

Principal who puts agent in position which enables agent, while apparently acting within his authority, to commit fraud upon third person is subject to liability to those persons even though principal is innocent and agent acted solely for his own purposes.

1975 Murphy v. Holiday Inns, Inc., 216 Va. 490, 219 S.E.2d 874.

Plaintiff fell on Holiday Inn premises. Defendant did not own premises but simply leased its name to owner. Issue of apparent agency was not properly raised below and therefore is not considered by Supreme Court.

1952 Wright v. Shortridge, 194 Va. 346, 73 S.E.2d 360.

Act is within apparent scope of agent’s authority, if in view of character of his actual and known duties, ordinarily prudent person, having reasonable knowledge of usages of business in which agent is engaged, would be justified in believing that he is authorized to perform act in question.

1945 Nolde Bros. v. Chalkley, 184 Va. 553, 35 S.E.2d 827.

Apparent authority arises from facts and circumstances that cause another to change his position to his detriment. Delivery man who hires boy to work with him becomes agent of principal employer by estoppel where employer has implicitly approved such hiring.

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