Tacit procuration
Tacit procuration: Authority to act for another that is implied from conduct or silence, rather than given expressly. In agency law, a principal who knowingly allows another to act for him may be bound by those acts. The theory that a business or official grants authority by not answering a private letter has no recognized basis in court decisions.
What tacit procuration means
In practice, you will see tacit procuration in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.
Where tacit procuration comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Tacit agreement.
How to research the term
To research tacit procuration, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.
You can read the current federal court rules online for free.
Related legal terms
- Suretyship: the legal relationship created when a surety agrees to be responsible for another person's obligation to a creditor.
- Surplusage canon: the canon that a statute should be read so that, if possible, "no clause, sentence, or word shall be superfluous, void, or insignificant" (TRW Inc. v. Andrews, 534 U.S. 19, 31 (2001)). It is also called the rule against surplusage.
- Sustained: the judge's ruling agreeing with an objection. When an objection to a question is sustained, the witness does not answer it; when an objection to evidence is sustained, the evidence is excluded or, if already heard, may be stricken.
- Tacit agreement: an agreement shown by the parties' conduct rather than by words. In contract law, it is called an implied-in-fact contract: for example, a patient who asks a doctor for treatment impliedly agrees to pay for it. It is enforceable like an express contract if the conduct shows mutual assent.
Why precise terms matter
Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.
Sources
Sources last reviewed: 2026-10-24
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