表见代理 ostensible agency

一种默示的或推定的代理。它是指因一方故意或缺乏普通注意而导致他人相信某一第三人为其代理人从而形成的代理，尽管其在实际上从未委托该第三人为代理人。此种代理并非严格意义上的代理，它事实上是完全建立在「不容否认」原则之上的。例如，妻子以丈夫的名义赊购货物的这种代理行为，由于丈夫在许多场合对妻子的行为表示默认，故其在此次行为中亦受代理行为的约束。

The “ostensible agent” is one where the principal has intentionally or inadvertently induced third persons to believe that such person was its agent although no actual or express authority was conferred on him as agent. For example, an independent contractor physician can be “ostensible agent” of hospital if patient looks to hospital for care and not individual physician, and hospital holds physician out as its employee; ostensible agency is typically found in emergency room setting, where patient goes to emergency room of hospital for services and accepts them from whichever physician is assigned to her case. Even if an employer hires an independent contractor, the employer can be responsible for the actions of that contractor. This is known as “ostensible agency,” or “apparent authority.” When an employer does something to suggest that the independent contractor actually works for him, or fails to correct this assumption, it can be held liable for the independent contractor’s actions. 以下为具体例句，可供参考：

例句1

Ostensible agency (also referred to as apparent authority) is a term that refers to a situation when a third party is led to believe that a person was acting as the agent or on behalf of another. In the context of an ostensible agency, the third party is not formally aware of the actual legal relationship between the ostensible agent (person appearing to be the agent of another) and the person or entity believed to be the principal.

表见代理（也称为表面权威）是一个术语，指的是第三方被引导相信一个人是作为代理人或代表另一个人行事的情况。在表见代理的情况下，第三方并不正式知道表见代理人（看起来是另一方代理的人）和被认为是委托人的人或实体之间的实际法律关系。

例句2

The term “ostensible agency” refers to the relationship that exists between two parties and that leads a person to believe that the first is an agent of the second, or vice versa. For example, ostensible agency would apply to a hospital worker who is employed by an outside contractor.

“表见代理”一词是指存在于双方之间的关系，这种关系使人相信第一方是第二方的代理人，反之亦然。例如，表见代理将适用于受雇于外部承包商的医院工作人员。

例句3

Even if an employer hires an independent contractor, the employer can be responsible for the actions of that contractor. This is known as “ostensible agency,” or “apparent authority.” When an employer does something to suggest that the independent contractor actually works for him, or fails to correct this assumption, it can be held liable for the independent contractor’s actions.

即使雇主雇用了独立的承包商，雇主也可以对该承包商的行为负责。这就是所谓的“表见代理”或“表面权威”。当雇主做了什么暗示独立承包商实际为他工作，或未能纠正这一假设时，它可以对独立承包商的行为负责。

例句4

When a person is hired as an independent contractor, an agency relationship develops. For example, ostensible agency may exist when a homeowner hires a carpet installer to install carpet in his home. While the homeowner hires Company A, Company A may then hire an outside contractor to actually do the work. This contractor may then show up to install the carpet without specifically informing the homeowner that he is not an employee of Company A. This is known as apparent authority.

当一个人被雇用为独立承包商时，代理关系就发展起来了。例如，当房主雇佣一个地毯安装工在他的家里安装地毯时，表见代理可能存在。当房主雇佣A公司时，A公司可以雇佣外部承包商来实际完成工作。该承包商可能会在没有明确告知房主他不是A公司的雇员的情况下出现安装地毯。这就是所谓的表面权威。