Written by attorneys · grounded in primary & secondary sources — see below
Possibility or power, especially legal authority or capacity.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Mortgagee Exercises Foreclosure Power
Pinnacle Holdings held a mortgage on Peter Park's commercial building after he defaulted on payments. Pinnacle initiated judicial proceedings to terminate Park's equity of redemption and acquire title to the property through sale. The court approved the process, allowing Pinnacle to obtain the property value free of Park's interest.
Citizens Exercise Voting Power
Priya Prasad and other female citizens sought to register to vote in a state election. State officials attempted to deny registration based on sex. A federal court enforced the constitutional protection, confirming their power to vote without denial or abridgment on account of sex.
Pablo Perez, an unrepresented former client, approached his prior lawyer about settling a potential malpractice claim. The lawyer provided written notice of the desirability of independent counsel and allowed time for Perez to obtain it before finalizing the settlement. This process preserved the validity of the agreement under professional conduct standards.
Agent Exercises Authority Power
Patricia Patel authorized Pavel Petrov to negotiate and sign contracts on her behalf for real estate acquisitions. Petrov executed a purchase agreement consistent with Patel's express manifestations of consent. The transaction bound Patel as principal because Petrov acted within the scope of his authority.
Counter-Offer Terminates Acceptance Power
Phoenix Technologies offered to sell software licenses to Prosperity Investments. Prosperity responded with a counter-offer proposing different pricing terms. The original offer's acceptance power ended upon receipt of the counter-offer, preventing Prosperity from later accepting the initial terms.
Possessor Grants Consent Power
Phuong Pham, as possessor of a warehouse, authorized a third party to permit entry by delivery drivers. A driver entered with the third party's consent to unload goods. The entry was privileged because it occurred with consent from one holding power to authorize access on Pham's behalf.
Common questions
Frequently Asked
3
What does the Latin term potentia mean in legal usage?+
It denotes possibility or power. This meaning appears directly in standard legal dictionaries.
How does potentia relate to an agent's ability to bind a principal?+
It captures the agent's power to affect the principal's legal relations through acts aligned with the principal's manifestations of consent.
Does potentia explain why a counter-offer ends an offeree's acceptance rights?+
Yes. The offeree's power of acceptance terminates upon making a counter-offer unless the offeror or the counter-offer itself indicates otherwise.
5 U.S. (1 Cranch) 137 (1803)Property
…Decided: February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original…