Agency of Necessity

If we think about autonomy and agency in the same term that Crawford does, it seems that he is right when he says that there is a paradox there. It seems that in some ways autonomy and agency contradict each other, or cancel each other out at times, and this is something that should make us all stop and think about it. Crawford then goes on to talk about choice, freedom, and autonomy and how these ideas feel as if they are being forced upon us rather than being a choice. Also, Crawford talks about self-realization in this section and how it has become to having us buy new items rather than keeping old ones and fixing them. Does all of these things mean that the world is attempting to train us to just accept things the way they are? That is the real question.

Agency law is a relationship between a principal and in agent in which the agent is legally authorized to act on the behalf of the principal.

An agency relationship is fiduciary [good faith] in nature, and the actions and words of an agent exchanged with a third party legally bind the principal.

Agent – a buyer (in this case a buyer in a foreign city that the factor has to manually locate)

To guarantee that people hold as much self-governance or self-assurance as is legitimately conceivable, the court makes an assurance of one's capability in an errand particular way. For instance, one can be resolved to be uncouth to execute a will, yet might be esteemed skillful to settle on treatment choices. At whatever point conceivable, endeavors are made to settle inadequacy in this way. Be that as it may, there are statutes that take into account the assurance of general incompetency.8,9 In such cases, people who are in diligent

A choice issues from, and can be sufficiently explained by, an agent’s character and motives, then to be ultimately responsible for the choice, the agent must be at least in part responsible by virtue of choices or actions voluntarily performed in the past for having the character and motives he now has (295).

“The agency relationship is defined as ‘the fiduciary relationship which results from the manifestation of consent by one person to another that the other shall act in his behalf and subject to his contract, and consent by the other so to act.’ Agents obligations relating to their players are defind not only by contact, but by the fiduciary characteristics of the relationship.” The agent owes his/her player a lot of things in their basic care to their player. These things include the fiduciary duty of undivided loyalty and the duty to act in good faith at all times. The player is going to entrust this agent with all of their fortune, reputation, and legal rights and responsibilities. Along with all of these duties the agent is going to have to abide by what the player wants and carry out what their desire are. This is a responsibility of the agent and it must only do what is desired by and for the player and must not carry out its own business affairs. “The agent must obey all of his/her players’ lawful instruction no matter how arbitrary or capricious any of those instructions seem to the agent or anyone else. However, if the player instructs the agent to perform something illegal, like bribe someone, the agent does not have to comply.”

Held: At least in relation to insurance policies, and almost certainly in relation to contract of indemnity generally, where the evidence is that third parties were in the contemplation of the principal, then those third parties can enforce the contract. That was the

Last, the state of New York deemed that if a respondent is competent enough to stand trial then the respondent is competent enough to waive the right to counsel. However, the law does have reasonable limitations that must be met prior to self- representation which include an inquiry concerning the defendant character educationally, intellectually, knowledge in legal matters, mental capability assessment, and the understanding of the absence of concession and the dangers of waiving

This essay will discuss the Supreme Court decision in FHR European Ventures LLP and others v Cedar Capital Partners LLC (Cedar) . The issue in this case was whether a bribe or secret commission accepted by an agent is held on constructive trust for his principal. This topic is a “relentless and seemingly endless debate” , as Sir Terence Etherton described, and that the “remedy awarded has vacillated for the last 200-odd years” . The major reason for the debate is because the principal will have propriety claim as opposed to a mere equitable compensation, if the bribe or commission is held on a constructive trust . The principal will be in a much more advantageous position if he was held to have propriety

Describe how the concept of agency affected the parties’ legal positions in the case study. Did the agents help or harm their clients? Why?

favored by his legal representative, but the judge deemed it ‘not in the interest of a

The principle of apparent authority, implies that principal does not have an agreement with the agent but with the third party who is the customer or rider. If the principal, in this case, orders the agent not to take a given route due to the bad conditions of the road the agent will not go against the will

Although the agent is limited by actual authority, the principal is still bound by the acts of the agent where in the case of Waugh v H.B. Clifford & Sons Ltd [1982] 1 Ch 374, it was held that the client has to be bound by the compromise entered into by the solicitor even though the client did not want to compromise.

Agency costs are inevitable within an organization whenever shareholders are not completely in charge; the cost can usually be best spent on providing proper material incentives and moral incentives for agents to properly execute their duties, thereby aligning the interests of shareholders (owners) and agents.