§ 2300 Ostensible Agency Creation

This law explains when a person or company can be treated as if they have an official employee or representative, even if they aren't actually hired, if they make someone think they are.

Key Takeaways

•An 'ostensible' agent is someone who isn’t really hired but is presented as one.
•The principal (like a company) can be liable if they intentionally or carelessly make others think the fake agent is real.
•Liability arises when a third party relies on that belief and suffers harm.

Example

A hotel guest asks for a 'security guard' who is actually just a staff member pretending to be security, and the guest relies on that person's advice, causing loss.

If the hotel purposely lets the guest believe the fake guard is a real employee, the hotel can be held responsible as if the guard were truly employed, because they caused the guest to think the guard was official.

This law explains when a person or company can be treated as if they have an official employee or representative, even if they aren't actually hired, if they make someone think they are.

Key Takeaways

•An 'ostensible' agent is someone who isn’t really hired but is presented as one.
•The principal (like a company) can be liable if they intentionally or carelessly make others think the fake agent is real.
•Liability arises when a third party relies on that belief and suffers harm.

Example

A hotel guest asks for a 'security guard' who is actually just a staff member pretending to be security, and the guest relies on that person's advice, causing loss.

Key Takeaways

Example

Key Terms

References

§ 2300 Ostensible Agency Creation

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References