Ian Kelly wrote:
>Have you considered the possibility that the contract, as a means of
>creating obligations but not otherwise changing game state, merely
>required comex to authorize the AFO to act on eir behalf, and that
>comex's redaction of that authorization was effective but in violation
>of the contract?

Not explicitly, but it's in a class of situations that I considered and
dismissed.  We have judicial precedent that a state of agreement can be
manifested by contract even if the parties claim to disagree (CFJ 1770),
and the state of authorisation doesn't seem qualitatively different for
these purposes.  Authorisation can be reformulated as agreement that
the agent is permitted to act on the principal's behalf.

We also have the precedent that the authorisation from a partnership for
partners to act on eir behalf is only ever manifested by the governing
contract, though this case might be distinguished because (a) partnerships
have no other way to grant authorisation, and (b) the contract text is
analogous to the partnership's mind.

-zefram

Reply via email to