next question for david merrill

[mikah2k]

Thanks for responses.

Originally Posted by Black's Fifth

Apparent authority. That which, though not actually granted, the principal knowingly permits the agent to exercise, or which he holds him out as possessing. The power to affect the legal relations of another person by transactions with third persons, professedly as agent for the other, arising from and in accordance with the other's manifestations to such third persons. Restatement, Second, Agency, §8. See Authority by estoppel.

Authority by estoppel. Not actual, by apparent only, being imposed on the principal because his conduct has been such as to mislead, so that it would be unjust to let him deny it. See Apparent Authority.

Authority coupled with an interest. Authority given to an agent for a valuable consideration, or which forms part of a security.

Incidental authority. Such authority as is necessary to carry out authority which is actually or apparently given, e.g. authority to borrow money carries with it as an incidental authority the power to sign commercial paper to effectuate the borrowing.

Inferred authority. See Incidental Authority, above.

General authority. That which authorizes the agent to do everything connected with a particular business. It empowers him to bind his principal by all acts within the scope of his employment; and it cannot be limited by any private direction not known to the party dealing with him.

Unlimited authority. That possessed by an agent when he is left to pursue his own discretion.

After reading law dictionary entries for the preceding,

Q1 does it look like one can exercise general unlimited apparent inferred authority together with authority coupled with an interest to act for another, after tendering a valuable consideration?

Q2 is the waiver of (one's) tort remedy a valuable consideration?

[David Merrill]

Originally Posted by mikah2k

Thanks for responses.



After reading law dictionary entries for the preceding,

Q1 does it look like one can exercise general unlimited apparent inferred authority together with authority coupled with an interest to act for another, after tendering a valuable consideration?

That sounds like purchasing authority? I suppose that is happening all the time... society considers you being able to sleep at night a valuable consideration ergo you must submit to the authority of the police etc.


Q2 is the waiver of (one's) tort remedy a valuable consideration?

Yes indeed. It is billing instead of prosecuting.

I spoke with a fellow today about curing true bills. Interesting...

[mikah2k]

Originally Posted by David Merrill

I spoke with a fellow today about curing true bills. Interesting...

Buying authority with valuable consideration then exercising said authority reads like a fair, just, and reasonable way for completing remedy: everybody is happy.

[mikah2k]

Originally Posted by mikah2k

Buying authority with valuable consideration then exercising said authority reads like a fair, just, and reasonable way for completing remedy: everybody is happy.

David,
If I offer waiver of tort (a duly noted valuable consideration) and the other party accepts said waiver, I believe lawful /contractual authority could be exercised. Are my thoughts within bounds of acceptability?

If that is the case, there is no easier way of authority-acquisition than overt-explicit-written-consent.

[mikah2k]

David,
Suppose CITY-OF-FICTION [clerks/agents declare verbally that said CITY-OF-FICTION] accepts only postal money orders and FRNs for "payment" of some obligation, and suppose I "overpay" the obligation and am entitled to refund, and suppose I am offered a check by a CITY-OF-FICTION, for the refund of "overpayment".

If I wanted the CITY-OF-FICTION to refund me with U.S. Notes (non-negotiable FRNs) or postal money orders instead of the check and I declare such in writing and duly serve process, and the CITY-OF-FICTION agents refused to refund with U.S. Notes, would you consider the circumstances to be ripe for authority coupled with an interest?

[David Merrill]

Originally Posted by mikah2k

David,
Suppose CITY-OF-FICTION [clerks/agents declare verbally that said CITY-OF-FICTION] accepts only postal money orders and FRNs for "payment" of some obligation, and suppose I "overpay" the obligation and am entitled to refund, and suppose I am offered a check by a CITY-OF-FICTION, for the refund of "overpayment".

If I wanted the CITY-OF-FICTION to refund me with U.S. Notes (non-negotiable FRNs) or postal money orders instead of the check and I declare such in writing and duly serve process, and the CITY-OF-FICTION agents refused to refund with U.S. Notes, would you consider the circumstances to be ripe for authority coupled with an interest?

They will give you US Notes if you demand non-negotiable Federal Reserve Notes. The US Notes will look like FRNs however. If you demand they look like US Notes you will be demanding an impossibility - US Notes have not been printed since early 1971.


Regards,

David Merrill.

[mikah2k]

David,
Your answer is appreciated but above I perceive you missed the point. So I do reword the scenario below.

Suppose CITY-OF-FICTION [clerks/agents declare verbally that said CITY-OF-FICTION] accepts only postal money orders and FRNs for "payment" of some obligation, and suppose I "overpay" the obligation and am entitled to refund, and suppose I am offered a check by a CITY-OF-FICTION, for the refund of "overpayment".

If I wanted the CITY-OF-FICTION to refund me with FRNs or postal money orders instead of the check and I declare such in writing and duly serve process, and the CITY-OF-FICTION agents refused to refund with FRNs or postal money order, would you consider the circumstances to be ripe for authority coupled with an interest?

[David Merrill]

Yep when I replied I had the feeling you said something I wanted to comment upon.

That is a rumored effective tactic. Overpay the fine by a couple dollars and then wait for the refund check for $2 and never cash it. No points will come off your driver license and the conviction is never properly entered onto your driving record.

However a suitor just tried that recently and I think they just took the overpayment without generating a refund for the extra. Maybe a $2 donation? I don't know. Possibly there was no consequence of conviction entered but they never sent back the refund...

You are asking me if one can construct a waiver of tort on the lack of refund to accrue authority as trustee? Absolutely! That is a resulting trust.

Where would you take that power of appointment? Around here it is atop Mesa Hill, above the original capital in (Old) Colorado City.

see attachments...

[mikah2k]

Where would you take that power of appointment?

What do you mean?
Do you mean what would be in the power of appointment?
Do you mean to whom/what would I transfer/assign the power of appointment?

[David Merrill]

Sorry I put that off and forgot about your question...

That is up to you. Are you intending to use the authority yourself of to put that authority onto a trustee?