Introduction When it comes to the facilitation of commercial transactions, the relevance of the legal concept of agency cannot be overstated. In this text, I will amongst other things define agency and how it arises. Further, I will in addition to highlighting both the drawbacks and benefits of an agency relationship also give examples of agency relationships (both informal and formal). Agency and How it Arises In International Harvester Co of Australia Pty Ltd v Carrigan's Hazeldene Pastoral Co (1958), agency according to Fisher and Fisher (1998, p. 16) was defined or described as "a word used in law to connote an authority or capacity in one person to create legal relations between a person occupying the position of principal and third parties." As Turley (2001) notes, two persons are involved in the creation of an agency relationship. These include the agent and the principal. An agent according to Ong (2007, p. 62) is "someone who acts on behalf of another person, the latter being known as the principal." On the other hand, a principal in the opinion of Melbon and Bishop (2006, p. 186) is "an individual or business enterprise on whose behalf the agent acts on." Agency law as Tomasic, Bottomley and McQueen (2002, p. 215) note facilitates contracts between two people in a way that does not require the principal to be "directly involved in the actual process of negotiating and concluding the terms of the contract." An agency relationship can arise in several ways.
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.
The dispute occurred in Victoria between a registered company, Tallerman & Co Pty Ltd ("the plaintiff") and an incorporated company, Nathan's Merchandise Pty Ltd. ("the defendant), where both parties operated their business. Two previous binding contracts (orders No. 58 and No. M57) were made in communications on 14th May 1951 and 2nd August 1951 respectively, each for the sale by the plaintiff to the defendant of 1,000,000 Hungarian .22 bullets. A consignment of 1,800,000 bullets for the above orders was dispatched from Sydney to the defendant by rail on the 12th February 1952 and was received by a carrier employed by the defendant in
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.
The issue is whether the appelles, Avanell Looney and Rita Alexander, had acted for or on behalf of J&R Construction at the time of signing the contract.
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.
“Agency relationships can only be created by the mutual consent of the parties. Thus the creation of the agency relationships essentially involves two steps: (1) manifestation by the principal and (2) consent by the agent” (Sharp, Moorman and Claussen, 2014). Len Bias and Advantage International Inc., entered into an agreement near the end of his career at Maryland. The relationship between a
Objective to build legal relationship: Not all agreements end up in binding contracts that are backed by the court of law. This is due to the fact that not all agreements are made under strict or formal
The third parties dealing with the employees of the agent, on behalf of the agent. The Acting law to common law, most have been replaced by employment legislation that applies only to the relationship between employers and employees.
In addition to their role as contract administrator the employer’s agent may furthermore have duties to undertake on the clients behalf preceding the contract being awarded. The employers agent is obliged to accept instructions from the employer, conversely in reality the employer’s agent will find many conflicts on interests between the employer and the contractor. Sutcliffe v Thakrah is the leading case on the Employers agents
Agency is a relationship established when two parties agree to have one party act on behalf of the other. In an agency relationship, the agent (the industry member) will act on behalf of its principal. In the case of mortgage
There are various kinds of contracts which arise within the business world today; contracts are an essential component to a business’s livelihood. Although a contract is an agreement, not all agreements are valid contractual obligations. In order for any contract to be an official and legally binding agreement, there are essential requirements which must first be fulfilled. Because contracts are vital to the organization and its success, it is important that the organization has an inclusive understanding of the inner workings of business
Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.
Agency issues arise when one party (principal) gives another party (agent) an authority to act on his behalf. In this context, the principal is the investor while the professional hedge fund
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.
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.