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HomeCivil CodeDiv. 3Pt. 4Ch. 1Art. 2§ 2316 Agent'S Actual Authority

§ 2316 Agent'S Actual Authority

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2316 Agent'S Actual Authority

This law explains that a principal gives an agent real power either on purpose or by being careless, so the agent can think they have the right to act for the principal.

Key Takeaways

  • •Authority can be given directly or by negligence.
  • •If the principal lets the agent believe they have power, the principal is responsible for the agent's actions.
  • •This rule applies to any relationship where someone acts on behalf of another.

Example

A store manager lets a clerk think they can promise discounts to customers because the manager never told them they couldn't.

If the clerk makes a promise to a customer thinking they have that authority, the store is stuck with that promise even though the manager didn't actually give permission.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2316 Agent'S Actual Authority

Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

actual authorityprincipalagentordinary care

Related Statutes

  • § 2304 Agent Authority Limits
  • § 2315 Agent Authority Scope
  • § 2317 Agent'S Apparent Authority
  • § 2318 Agent Authority Limits
  • § 2320 Agent Disobedience For Principal'S Benefit

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2316.
View Official Source