Delegatus non potest delegate
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A representative cannot delegate his authority. Jamesville & Washington R. Co. v Fisher, 109 NC 1, 13 SE 698. The principle is that where personal trust or confidence is reposed in an agency of the government and especially where the exercise and application of the power is made subject to the judgment or discretion of the agency, the authority is purely personal and cannot be delegated to another unless there is a special power of substitution either expressly or necessarily implied. 2 Am J2d Admin L § 222. The maxim is not applicable to a general agent of an insurance company, since the business of such an agent, either in issuing policies or in soliciting insurance, is not of such a discretionary or personal nature that it cannot be delegated. 29 Am J Rev ed Ins § 148.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
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