Also known as: appearance terms · appearance
Written by attorneys — see sources below.
A contractual stipulation. A provision in an agreement that sets forth a specific obligation or condition between the parties.
Andre Antoine signed a consulting contract with a judicial education firm that included an appearance term requiring him to avoid any public events creating an impression of bias. When Andre attended a fundraiser hosted by a party with pending cases, the firm invoked the term to terminate the agreement and withhold payment. The term operated to define the scope of permissible conduct and triggered the contractual remedy.
Anika Anand leased a warehouse from Alpine Mining under a contract containing an appearance term that required the landlord to maintain visible safety features. Alpine performed repairs that created a hidden hazard unknown to Anika. When a visitor was injured, the term supplied the basis for holding Alpine liable for the resulting physical harm under the lease.
Alan Ackerman's bail agreement contained an appearance term mandating his presence at the initial hearing in the district of arrest. When a magistrate was unavailable, the term permitted the hearing before a state officer while preserving Alan's right to prompt review. The stipulation determined the valid location and timing of the proceeding.
Amelia Amari's retainer agreement with Aether Technologies included an appearance term obligating her to disclose her representative capacity before a state agency. Amelia appeared at a rulemaking hearing without disclosure. The term activated the duty to conform to candor rules and exposed her to professional discipline for the omission.
Adrian Aguilar's security services contract with Anchor Bank contained an appearance term defining the level of force permitted to avoid serious bodily harm. When Adrian used a weapon in a manner that risked fatal injury, the term supplied the standard for determining whether the force exceeded the contractual privilege.
Anita Ali entered a separation agreement with an appearance term consenting to personal jurisdiction in State A for future support proceedings. When Anita later challenged jurisdiction in a child-support action, the term operated as a record consent that subjected her to the state's authority.
An appearance term is simply one type of contractual stipulation that sets a specific obligation. It receives the same enforcement as other terms once the parties have agreed to it.
Yes. When a principal supplies credentials or materials that create an ongoing appearance of authority, the appearance term in the underlying agreement can support a finding that the agent had power to bind the principal.
An appearance term can continue to bind the principal after actual authority ends if the principal fails to notify third parties of the change and the term itself remains in force.
Breach of an appearance term permits the non-breaching party to pursue ordinary contract remedies, including damages or termination, depending on the language of the stipulation.
…is possible only at the administrative level, those policies are reinforced. Plainly we have here precisely such a case. Appearance before the local city Board would have provided an opportunity for complete relief without forcing a constitutional ruling. The posture of the constitutional issues in this case thus…