Unauthorized use means the use of a credit card by someone other than you who does not have actual, implied or
apparent authority for such use and from which you or any member of your family does not receive a direct or indirect benefit.
YOU PROMISE TO PAY You promise to pay us all such amounts, plus any Interest Charges, which arise from use of the Card or Account by you or any other person, and to be jointly and severally liable with such a person, unless such other person does not have actual, implied, or
apparent authority for such use, and you received no benefit from the use.
Not exact matches
[A] mong the elements to be taken into account
for purposes of determining what constitutes an «extraordinary» action, which would normally be outside the
apparent authority of senior executives, are the economic magnitude of the action in relation to corporate assets and earnings, the extent of risk involved, the time span of the action's effect, and the cost of reversing the action.
He writes to the Romans, with an
apparent reference to the death penalty, that the magistrate who holds
authority «does not bear the sword in vain;
for he is the servant of God to execute His wrath on the wrongdoer» (Romans 13:4).
Thus,
for instance, Paul's
apparent support of slavery lost its
authority for us only after eighteen centuries and seventy or so generations, as the full implications of Jesus» message of the worth of each human being finally sank in and became authoritative instead (at least with regard to slavery).
«The first community, in order to affirm that Jesus was more than one of the prophets — that his
authority had a certain finality or absoluteness about it not found in others — had few options left to it but to tell the story of Jesus in such a way that his
authority would become
apparent and would confront other hearers, as it had confronted those who had witnessed it, with the necessity to make up their minds — to declare themselves
for or against Jesus.»
Truth and
Authority In this context OTWTL rules out the
apparent pre-Vatican II predilection
for labelling people as either «obedient» and «faithful» or unfaithfully «satisfying oneself» (p. 49).
However, their opposition to it as Catholic theologians should be made manifest in the text, otherwise it could appear that they condone the book's thesis and that any ecclesiastical
authority recommending this report
for study could appear complicit in this
apparent «recommendation».
The crowd was sparse but those who did show up
for a briefing by New York City Housing
Authority officials last night at Bard High School made sure their frustration and anger were readily
apparent.
Even children who are four years old spontaneously help others with no
apparent concern
for approval from friends and / or
authority figures, personal benefits, or moral (good / bad) imperatives.
While the ASD and other authorizers like Nevada's State Public Charter Schools
Authority create contracts with clear performance expectations, the ESA program provides no
apparent standards
for judging whether public funds are buying strong outcomes.
Many people, including physicians, have come to rely on its
apparent numerical
authority for medical diagnosis, but that was never the BMI's purpose; it is meant to be used as a simple means of classifying sedentary individuals with an average body composition.
At any rate, it is
apparent that the New Jerseys Higher Education Assistance
Authority does not provide much leeway
for its borrowers as it rules with an iron fist.
And worse
for Klein's
apparent appeal to scientific
authority, Hansen's remaining projections are further away from the scientific consensus on climate change than many deniers».
Professor Ridd should be commended
for his professionalism in alerting
authorities of the
apparent lack of professionalism concerning the progressing of this particular environmental issue.
A party might rely on an informal or
apparent authority, but it would usually be impracticable
for a land registrar or a successor to do so.
Giving the leading judgment, Lord Lloyd - Jones observed the centrality of Hardial Singh principles which stipulate that (i) the
authorities must intend to deport the person and can only use the detention power
for that purpose, (ii) the deportee may only be detained
for a reasonable period, (iii) if it becomes
apparent that the
authorities will not be able to effect deportation within a reasonable period then it should not seek to exercise the power of detention, and (iv) the
authorities should act with reasonable diligence and expedition to effect removal.
In other cases, plaintiffs have successfully argued that HMOs and other institutional defendants are vicariously liable
for the actions of physicians under theories of respondeat superior and
apparent authority.
Just recently I came across a statement (NRF Distributors Inc. v. Starwood Manufacturing Inc., 2009 CanLII 3786 (ON S.C.), para. 46) that the representation of the agent that he has
authority was a sufficient basis
for the conclusion that the agent had
apparent authority.
What is
apparent from the Wechat posting and much more from issue # 107, is that the law is this area is unclear, lacks procedures
for protecting the property of the entities involved (not to mention the entrepreneurs), and can be easily abused by local
authorities.
For example, I used it in a case where someone fraudulently sold ditch company shares worth several hundred thousand dollars (in Colorado, water is gold) that he didn't own (a transaction that could not be unwound because the buyer was a bona fide purchaser for value and the seller had apparent authority as a trustee of a trust owning the shares even though he didn't have the actual authority to sell them under the trust) and then spent the money he received before he was discovered (if I recall correctly, for gambling debt
For example, I used it in a case where someone fraudulently sold ditch company shares worth several hundred thousand dollars (in Colorado, water is gold) that he didn't own (a transaction that could not be unwound because the buyer was a bona fide purchaser
for value and the seller had apparent authority as a trustee of a trust owning the shares even though he didn't have the actual authority to sell them under the trust) and then spent the money he received before he was discovered (if I recall correctly, for gambling debt
for value and the seller had
apparent authority as a trustee of a trust owning the shares even though he didn't have the actual
authority to sell them under the trust) and then spent the money he received before he was discovered (if I recall correctly,
for gambling debt
for gambling debts).
Comedy Driving Traffic School can not be held liable
for loss, damage or delay of packages caused by events we can not control, including but not limited to acts of God, perils of the air, weather conditions, acts of public enemies, war, strikes, civil commotions, or acts of public
authorities with actual or
apparent authority.
The U.K.'s data protection
authorities are not known
for swooping into companies» offices like this, nor
for booting out experts hired by a company of Facebook's scale — and the level of
apparent coordination between the regulator and outraged lawmakers is also noteworthy.
Since Brusha acted with New West's
apparent authority, and could be considered its agent, New West can be vicariously liable
for his actions.
Salesperson failed to establish that she was a licensed real estate salesperson associated with a licensed broker; salesperson's only recourse
for compensation from the broker upon the theory that branch office «managing» salesperson had actual or
apparent authority fails where no actual
authority existed and there could be no reasonable reliance upon
apparent authority; 19 NYCRR 175.20 designed to protect public, not real estate salespersons.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear
for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper
for broker to use listing agreements providing
for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts
for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement
for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible
for acts committed by its licensees within the actual or
apparent scope of their
authority; corporate and individual brokers» licenses revoked, no action taken on application
for renewal until proof of payment of sum of $ 2,000.00 plus interests
for deposits unlawfully retained