The conditions of apparent authority from a comparative perspective

Abstract

This research examines the concept of apparent authority, a legal doctrine that can hold a principal liable for the unauthorised actions of an agent. Despite a person’s lack of expressed desire for representation or an agent’s deviation from instructions, the ordinary legal consequences of representation can still apply if the conditions of apparent authority are established. This research adopts a comparative approach, analysing the criteria for applying apparent authority across civil law and common law legal traditions, as well as in soft law instruments. Lithuania, with its explicit legal provisions on apparent authority, serves as the primary jurisdiction of this analysis. By examining the interpretation of the individual conditions of apparent authority, this research seeks to determine how to ensure balanced protection of the interests of the parties involved in agency relationships (i.e. the principal, the agent and the third parties).