Different Types Of Agents ' Authority

The different types of agency relationships are principal-agent relationships, employer-employee relationships and employer-independent contractor relationships.

The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.

It was a term of the contract that the agent was not to sell goods supplied by anyone other than the principal. The agent sold other goods and was dismissed.

In Fahrenheit 451, written by Ray Bradbury, authority is viewed as ruthless and the individual is portrayed as innocent. This is also emphasised in two related texts, Whose Life Is It Anyway? By Brian Clark, and Shawshank Redemption, directed by Frank Darabont. The themes of ruthlessness and innocence are exemplified throughout all three texts, through the concept of the authority and the individual.

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

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).

Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.

The owner has possession of full faculties and is willing to enter into contracts with a clear understanding of all that is involved in the issuance and acceptance of said contract.

In this law case, there are different issues that have come from this case that I have analyzed. This case deals with agency law. Agency law is, which is the establishment of the agency relationship, authority of agents, and the duties agents must uphold. Agency law can be very tricky because verbal and written contracts can sometimes be upheld in court or not.

Due to the different roots of the two systems, the definition of a contract, as well as its formation, differ between contract law in Common Law Jurisdictions and in Civil Law Jurisdictions (France). The Common Law views contracts as bargains, exchange, a simple agreement has no binding force. It is mainly concerned with forecasting the impact and the binding legal consequences of a party’s promise. The structure or purpose of the contract is not as important as knowing whether the promise of performance that the contract is based upon is enforceable.

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

It is within the agent’s apparent authority to sell a property on behalf of the principal to make descriptions of the property to the buyer. However, if the representations made are false, the principal will be liable for the acts of that agent where the leading case is Aliotta v Broadmeadows Bus Service Ltd (1988) A.T.P.R. 40 – 873 which the court held that the agents has mislead the plaintiff by not revealing all the material information to the plaintiff.

Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.

The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.