ultra vires

Beyond the powers. Characterizing a contract, act, or transaction of a corporation which is beyond the express or implied powers of the corporation under any circumstances or for any purpose. Randall v Mickle, 103 Fla 1229, 138 So 14, 86 ALR 804. Foreign to the nature and design of the corporation involved. 10 Am J2d Banks § 276; 19 Am J2d Corp § 963. Characterizing a contract entered into by a public body which is without power or authority to bind itself by such an agreement. 43 Am J1st Pub Wks § 13. Characterizing an act beyond the powers conferred by a franchise so substantial and continued its to amount to a clear violation of the condition upon which the franchise was granted. 36 Am J2d Franch § 54. The terms "illegality" and “ultra vires” represent totally different and distinct ideas. Whether it contract is illegal or not is determined by its quality; whether it is ultra vires or not is determined from the consideration of the powers expressly conferred upon the corporation by the instrument of its creation, together with those other powers employed in the purposes of its creation and in the powers expressly granted. 19 Am J2d Corp § 964.