Corporate Contracting, Ostensible Authority and Constructive Notice: Returning to Orthodoxy
(2020) 136 Law Quarterly Review 364-370
4 Pages Posted: 22 Apr 2020 Last revised: 5 Jun 2020
Date Written: February 10, 2020
Discusses East Asia Co Ltd v PT Satria Tirtatama Energindo (PC), clarifying the circumstances under which a third party was prohibited from relying on the doctrine of ostensible authority as they knew a company's agent lacked actual authority. Reviews the objections to earlier "practicality" arguments, and the extent to which the court's approach to constructive notice and the unreasonableness threshold represents a return to orthodoxy.
Keywords: corporate law, corporate liabilities, agency law, corporate contracting, ostensible authority
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