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Authored by: Anonymous on Thursday, April 19 2012 @ 04:29 PM EDT |
Read about "agents" here:
http://en.wikipedia.org/wiki/Law_of_agency
Does not have to be an actual agent (working for the company, as some can hold
themselves to be "as if they are representing the company, when they are
not even employed, where some courts have ruled that because the company (or
principal) didn't control even them, that the deals that they made with the
innocent 3rd parties, well the 3rd party deals were allowed to stand, and the
innocent were not harmed. There is not a rule of thumb to this, as each and
every situtation is governed by laws of the jusridiction, and on a per case
basis.
So, where SUN CEO acted in a certain way. Oracle, now the principal, should not
be able to harm innocent 3rd party who took the SUN CEO at his word (the
understanding).
OT - also, in some cases being aware of something going on, well there is a
principal in the law about that (covers only certain cases). It's called this
"Acquiescence" -
See:
http://legal-dictionary.thefreedictionary.com/acquiescence
http://www.juridicaldictionary.com/Acquiescence.htm
http://www.duhaime.org/LegalDictionary/A/Acquiescence.aspx
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