The legal foundations of apparent authority

This article traces the coming of apparent authority in the 18th and 19th centuries. Some confusion exists about the origins of this rule. It is often suggested that the doctrine has theoretical and historical roots in estoppel as an extension of actual authority. This article provides strong evidence that the apparent authority was-and should be thought of as-a true form of authority that grew out of developments in contract law rather than the rules of equity. This analysis contributes to the intellectual understanding of the history of commercial law and the law of agents.