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It is important to distinguish implied and apparent authority. Implied authority is actual authority circumstantially proven which the principal actually intended the agent to possess and includes such powers as are practically necessary to carry out the duties actually delegated. Estell v. Barrickman, Ky.App., 571 S.W.2d 650 (1978). Apparent authority on the other hand is not actual authority but is the authority the agent is held out by the principal as possessing. It is a matter of appearances on which third parties come to rely. Estell v. Barrickman, supra.
It has been held that technical distinctions between implied or apparent authority are immaterial if a third party would suffer loss. American National Red Cross v. Brandeis Machinery and Supply Co., 286 Ky. 665, 151 S.W.2d 445 (1941). The principal will be bound to a third person by the act of the agent within his implied authority even if the third person was unaware that the agent's authority was only implied. 3 Am. Jur.2d Agency § 75.
