Also known as:general agency powers · general agency · agency power
Written by attorneys · grounded in primary & secondary sources — see below
The inherent power of an agent to bind the principal derived solely from the agency relation and existing for the protection of persons harmed by or dealing with the agent when the agent is the general manager in charge of the entire business.
Sources & Authorities
How it applies
Common Examples
2
General Manager Binds Company
Grace Gupta served as general manager for Grove Manufacturing and negotiated a long-term supply agreement with a vendor. Grove Manufacturing later refused to perform claiming the terms exceeded any granted authority. The vendor relied on Gupta's position running the entire business so the agreement binds the company under general agency power.
Supervisor Commitments Enforced
Giselle Guerrero acted as general manager for Golden Gate Logistics and assured a client of priority service terms during contract talks. The company disavowed the assurances as unauthorized. The client had dealt directly with Guerrero in her broad operational role so general agency power protects the client and binds the company.
Put it into practice
Test Yourself
10
Practice Questions5
· 6 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Burlington Industries, Inc. v. Ellerth524 U.S. 742 (1998)
Common questions
Frequently Asked
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How does general agency power differ from actual or apparent authority?+
General agency power arises solely from the agency relation itself rather than from any manifestation by the principal. It protects third parties who deal with a general manager even when no actual or apparent authority exists. The doctrine fills gaps left by other agency theories and allocates risk to the principal who placed the agent in the position.
Supporting sources
What facts support finding general agency power in a manager role?+
Courts examine the typical functions of the general manager position and the reasonable expectations of third parties who interact with that person. Ongoing customer contact and responsibility for the entire business create the relation from which the power flows. The analysis does not depend on specific manifestations by the principal.
Supporting sources
Can general agency power bind a principal to terms outside ordinary business practice?+
No. The power extends only to commitments consistent with the agent's general managerial responsibilities. Extraordinary terms that depart from established patterns and require separate approval fall outside the scope of the agency relation. Third parties must still act reasonably in relying on the agent's position.
Supporting sources
Trusts and Estates Decedents EstatesLiving wills and durable health care powers · Authority of agent or attorney-in-factUBEIntermediate