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ProveMyFloridaCase.com > Posts tagged "estoppel"

Non-Signatory Compelling Arbitration based on Equitable Estoppel

Many times, parties will prefer to arbitrate their disputes instead of litigate their disputes.  Because arbitration is a creature of contract, an arbitration provision must be included in the parties’ contract.  There are pros and cons to arbitration and it is important to discuss these pros and cons with your counsel when negotiating a contract that includes an arbitration provision.  The pros and cons may change over time.  (For example, in this COVID-19 world, there are pros with arbitration that did not exist before the COVID-19 pandemic.)  Notwithstanding, there are instances where a non-signatory to the contract with the arbitration provision...

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Yes, There is Such a Thing Called Apparent Authority

“But he did NOT have the authority….”   This is the beginning of a sentence that does not start well.   Agents have the authority to bind their principal.  “Even where there is no express agent/principal relationship, a principal may be bound by the acts of an agent acting with apparent authority.”  Clayton v. Poggendorf, 43 Fla.L.Weekly D436a (Fla. 4th DCA 2018).  Apparent authority sometimes gets lost in the shuffle and the reason why the sentence, “But he did not have the authority…,” does not start well.  If the person is deemed to have apparent authority then he did have the authority to bind...

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