Kuwait Court of Cassation principle number 3626

A person acting as agent for another without having established representative capacity on his behalf, either because such representation does not exist or because his act exceeds its limits. Its implication. The effects of his act, in terms of the rights and obligations it creates, do not accrue to the principal unless he ratifies it. The reason for this. The person dealing with the agent must ascertain the existence and limits of the agency, and if he fails to do so, he bears the consequences of his failure. The principal’s contribution, through his fault by omission or action, to creating an outward appearance capable of misleading a third party and excusing his belief in the existence of the agency and its extension to that act, without any failure by the third party to ascertain the truth. Its effect. The apparent agent is then considered a representative of the principal. - Determining whether apparent agency exists. For the court of fact, without review. The condition thereof. The agent’s liability: