Question

    The Doctrine of Holding Out is an application of the principle of:

    A Burden of Proof Correct Answer Incorrect Answer
    B Estoppel Correct Answer Incorrect Answer
    C Vicarious liability Correct Answer Incorrect Answer
    D Privity of contract Correct Answer Incorrect Answer

    Solution

    The doctrine of holding out is a legal principle that is an application of the doctrine of estoppel. It arises when a person or organization holds themselves out to the public as having a particular authority or relationship with another party, and another party relies on that representation to their detriment. In such a case, the person or organization may be estopped from denying the existence of the authority or relationship. For example, if a company holds out a person as its agent or representative, and that person enters into a contract on behalf of the company with a third party, the company may be estopped from denying the existence of the agency relationship if the third party relied on that representation to their detriment. Vicarious liability refers to a situation where one party is held liable for the actions of another party, such as an employer being held liable for the actions of their employee. Agency refers to a relationship where one party acts on behalf of another party with their authority and under their control. Privity of contract refers to the relationship between parties who have entered into a contract with each other.

    Practice Next
    ×
    ×