An agency relationship can be either express or implied.  Agency is created by implication when, from the nature of the principal’s business and the position of the agent within that business, the agent is deemed to have permission from the principal to undertake certain acts.  In other words, implied agency involves permission to act, even though permission is not explicitly established orally or in writing.  An implied agency is frequently established by the conduct and communication of the parties and the circumstances of the particular case[i].  Generally, one should look from the viewpoint of the principal and the agent to determine whether the agent has implied authority[ii].

It is elemental agency law that an agency relationship may be implied, inferred, or based on apparent authority. Implied or inferred agency is actual authority given implicitly by the principal to his agent circumstantially proved, or evidenced by conduct, or inferred from a course of dealing between the alleged principal and the agent. Authority can be implied only from facts.  Implied powers must be based on some act or acquiescence of the principal, express or implied[iii].

[i] Keytrade United States v. M/V Ain Temouchent, 2003 U.S. Dist. LEXIS 597 (E.D. La. Jan. 10, 2003)

[ii] Orleans Parish Sch. Bd. v. Goodyear Tire & Rubber Co., 1995 U.S. Dist. LEXIS 8638 (E.D. La. June 19, 1995)

[iii] Anderson v. Brock Investor Servs., 1993 U.S. Dist. LEXIS 19455 (D. Minn. Jan. 14, 1993)