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The case law from which this rule developed states that the authority to hire and book cars are part of the apparent authority of the secretary. This is what was mentioned in the study hub. I asked chatgpt and it said it’s not part of implied authority.
I was confused when I read this for the first time because as you rightly said and according to the study text, apparent authority applies on a person who represents himself as holding a position in the company, the directors know about this representation and have not taken steps to prevent it and the third party has noticed it and on this basis forms a contract with the person.
Whereas, implied actual authority includes the express authority of a person holding a position, any necessary act required to discharge the express authority, any past habitual conduct (directors know and have not prevented), and any authority that is usually associated with the role.
If what you have said is right, then why the judge in this case said the authority to book cars and hire staff are under the apparent authority of the secretary. They should have said implied authority.
That was an excellent explanation. Amazing! All my doubts relating to this question are completely clear now.
I asked chatgpt the same question, however, the answer it gave doesn’t talk about the existence of counter offer and it didn’t cover all aspects of the question from different point of view as you did.
I wasn’t aware there was a separate forum for asking exam questions. I’ll post my questions there from now on. Thank you for bringing it to my attention.
Unfortunately, the degree covered only 20 percent of the syllabus of each subject. The teaching quality was also bad at my university, so I decided to study them on my own from start. It’s not for improving knowledge but learning and preparing myself for the main exams (SBR and SBL). Under this condition if one sits for the professional papers. one will 100% fail.
I’m aiming to complete all papers by July or August so I can sit for the professional papers. Studying from both Kaplan and Studyhub would not be efficient and take a lot of time plus it will be difficult to retain information as reading both would cause information overload which happened with me during BT.
If you could recommend one out of the two, I’d help me.