Tuesday, May 20, 2008
Thisis a useful teaching case because it covers both implied actual authority and apparent authority. The Church is bound by Bill Hogan's decision to hire his brother, Sam, to do some work in the church both because a past course of dealing made it reasonable both for Bill to assume that he could hire Sam and for Sam to believe that Bill could hire him. In this case, the authority issue was especially important because Sam fell off a ladder very soon after beginning work, and the church (or its insurer) was trying to avoid liability for Sam's injury.
Mill Street Church v. Hogan
Could Bill Hogan, employed by his church,
Hire his brother, who fell from his perch?
Yes, Bill's authority is wide
Even if just implied.
Thus the court leaves the church in the lurch.