Also known as: with powers
Written by attorneys · grounded in primary & secondary sources — see below
A phrase describing a person granted authority to give consent effective for another. Consent from that person relieves an actor of liability for trespass to chattels or conversion.
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Walter Washington left his car with his adult daughter while traveling abroad. When the vehicle blocked a driveway, the daughter authorized a towing company to move it. Because the daughter held power to consent for her father, the towing company avoided liability for trespass to chattel.
William Williams left his laptop with his spouse while hospitalized. The spouse authorized a repair shop to open the device for data recovery. Because the spouse held power to consent for him, the shop avoided liability for trespass to chattel.
Wren Wallace, a designated representative of the mixed-blood group, held power to consent for the group on asset storage decisions. When she authorized a third party to move records, the mover avoided conversion liability.
The village council held power to consent for the community when it authorized removal of abandoned vehicles. A towing firm that acted on that consent avoided trespass liability even though owners later objected.
New York held power to consent for its agencies when it joined a regional equipment compact. The compact commission's order to relocate state chattels bound the state and prevented later conversion claims.
The grand jury held power to consent for the state when it authorized seizure of documents. A custodian who complied with the order avoided conversion liability even though the owner later protested.
A person qualifies when a statute, instrument, or relationship grants authority to consent on behalf of another. The power may arise from guardianship, agency, or a specific grant in a will or trust. Once the power exists, consent given by that person is effective as to the principal.
Supporting sources
…within the village borders. But the village, though physically a suburb of Cleveland, is politically a separate municipality, with powers of its own and authority to govern itself as it sees fit within the limits of the organic law of its creation and the State and Federal Constitutions. Its governing authorities, presumably…